Assault on Supreme Court by distorting President’s history ‘not normal’
The Supreme Court’s ruling to stop the consideration of race in college admissions was anticipated. However, President Joe Biden expressed strong anger and went as far as asserting that the Court had severely weakened the constitutional principle of equality for all individuals.
By stating that this Supreme Court was not like previous ones, Biden emphasized that these admissions decisions, along with the recent Dobbs abortion ruling, did not achieve the progress that our nation fought for during the Civil War in 1860.
During an interview on MSNBC’s “Deadline: White House,” President Biden criticized the court for disregarding the principles stated in the Constitution: “We hold these truths to be self-evident, that all men and women are created equal, endowed by their creator .” Although the reference Biden made was actually from the Declaration of Independence, the essence of his argument was perplexing.
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By prohibiting the consideration of race in admissions, the court aimed to safeguard the very “self-evident” guarantee of equality. The Supreme Court perceived a significant inconsistency in its own rulings regarding the treatment of racial discrimination in education versus employment, and it sought to rectify this disparity.
The opinion delivered by Chief Justice John Roberts served as the pinnacle of his judicial career. In 2017, he expressed the belief that the most effective means of eradicating racial discrimination is to cease engaging in discriminatory practices based on race. Additionally, in 2006, Roberts characterized the act of dividing people based on race as a distasteful endeavor.
The court perceived its decision as a continuation of the unfinished work initiated by the Declaration of Independence, aiming to uphold the principle that all individuals are created equal in both educational and employment contexts.
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The president is not the only one resorting to exaggeration in response to the decision. Personalities like ABC’s Whoopi Goldberg raised concerns, even questioning if the ruling would eventually result in women being excluded from colleges. However, it is clear that an opinion opposing the use of racial categorization for college admissions cannot be interpreted as endorsing the exclusion of any other groups.
President Biden’s remarks regarding the Civil War were indeed perplexing. By suggesting that the Supreme Court‘s decision to leave matters like abortion to the states was reversing the progress made during the war, he made a questionable claim. The criticism stemmed from an opinion that emphasized the importance of eliminating racial discrimination in higher education, which is not an argument that would align with the values of the Confederacy.
President Biden has a history of taking liberties with our constitutional history, as seen in his statements regarding the Second Amendment. One of his frequently repeated claims is that the Second Amendment was enacted with the intention of banning certain types of firearms, even suggesting that cannons were prohibited at the time of its passage. However, this assertion is entirely untrue. Despite being debunked by the Washington Post, Biden continues to make the same false claim persistently.
Now, Biden has shifted his revisionism towards the Civil War, displaying a lack of subtlety akin to General Sherman’s devastating “March to the Sea.“
The Civil War did not eradicate federalism or states’ rights. Instead, it denied states the right to secede and ultimately upheld the commitment to equality established in the Declaration of Independence.
While there can be legitimate disagreements regarding the use of racial criteria in admissions, President Biden’s sweeping and inaccurate claims diminish the significance of our past struggles for equality.
During the interview, the president insisted on evaluating how the court has ruled on longstanding precedents spanning several decades. This is what he meant by describing it as “not normal.”
In reality, the court’s decisions on affirmative action in education have been complex and contradictory over the years. In the 1977 case of Regents of the University of California v. Bakke, the court prohibited strict affirmative action policies in higher education but allowed for some consideration of race within a broader admissions process.
In the years following the Bakke case, the Supreme Court remained deeply divided on the issue of affirmative action. In 2003, Justice Sandra Day O’Connor provided the decisive fifth vote in the case of Grutter v. Bollinger, which upheld the University of Michigan’s use of race as a factor in admissions.
However, Justice O’Connor also expressed the expectation that in approximately 25 years, the need for racial preferences in admissions would no longer be necessary. This was about 20 years ago, highlighting the passage of time.
It is interesting to note the irony of the president expressing concern over the reversal of precedents, considering that one of the most significant advancements in racial equality was the overturning of the Plessy v. Ferguson ruling and the “separate but equal” doctrine. From 1894 to 1954, this was the governing precedent, yet there were few criticisms of the Supreme Court for overturning it in order to eliminate racial segregation.
The president also claimed that “the vast majority of the American people don’t agree with a lot of the decisions this court is making.” While it is true that the majority disagreed with the Dobbs ruling, the same cannot be said for the affirmative action ruling, as opinions on this matter are more varied.
One can have good-faith disagreements on whether the use of racial criteria in admission. However, Biden is belittling our prior struggles for equality with these sweeping and erroneous claims.
Recent polls have consistently indicated that a majority of the public does not endorse the use of race as a factor in college admissions. This sentiment remains true even in progressive states like California, where voters have repeatedly rejected affirmative action in admissions.
It is crucial to have a vigorous and meaningful discussion about these matters. However, instead of promoting dialogue, the president has been distorting and politicizing our shared history. This is evident in his previous statements, such as likening members of Congress who oppose his election reforms to “Jefferson Davis” and the Confederacy.
A president should strive to foster open and constructive debates, rather than employing divisive tactics and misrepresenting our collective past.
Biden’s characterization of the state laws in Georgia as a return to the “Jim Crow” era is unfounded and based on distorted accounts of those laws. Even for those who disagree with these state laws, the claim is historically and legally unfounded.
We must not allow the president’s misleading interpretations of the Constitution and history to become the accepted norm. Our nation has made significant efforts to confront the deeply rooted issues of slavery and racism. While this ongoing struggle persists, distorting our past will not lead us to effectively address these problems in the future.