Latest News and Comment from Education

Tuesday, July 4, 2023

THE TEXAS READER ACT: TEXTBOOKS DESIGNED TO MAKE YOU FEEL BETTER ABOUT BEING WHITE

 

THE TEXAS READER ACT

TEXTBOOKS DESIGNED TO MAKE YOU FEEL BETTER ABOUT BEING WHITE

In a move that has left many scratching their heads, Texas has passed a new law regulating the sexual content in books sold to or included in public school libraries. The READER Act, as it's called, requires vendors to label books that describe or portray sexual conduct as either "sexually explicit" or "sexually relevant." And let me tell you, folks, the reactions have been hilarious.

First off, let's talk about those labels. "Sexually explicit" is defined as any communication, language, or material that describes, depicts, or portrays sexual conduct in a way that is patently offensive. But what about "sexually relevant"? That's defined as any communication, language, or material that describes or portrays sexual conduct, excluding library material directly related to the required curriculum. So basically, if it's not directly related to math or science, it's fair game.

Now, some folks are saying that this law is a form of censorship that violates the free speech, free education, and freedom of thought of students and teachers. But come on, guys, lighten up! We all know that nothing is funnier than a good old-fashioned book burning.

But in all seriousness, there are some valid concerns about this law. For one thing, it's pretty vague and subjective in defining what constitutes sexually explicit or sexually relevant material. This leaves book vendors with the burden of rating books without clear guidelines. And let's be real here, folks: do we really want our book ratings to be left up to a bunch of bureaucrats?

Another concern is that the law could lead to the banning or removal of books that have educational, historical, or literary value. This is especially true for books that feature diverse perspectives or experiences of LGBTQ+ people or people of color. And let's face it: if there's one thing Texans love more than guns and barbecue, it's banning books.

But perhaps the biggest concern is that this law undermines the professional judgment of librarians and educators who are trained to select appropriate and quality materials for their students. I mean, who needs professionals when you've got politicians?

Of course, book vendors aren't too thrilled about this law either. They don't have the time, money, or expertise to read and rate thousands of books based on sexual content. And they fear losing their business with Texas public schools if they fail to comply with the law or the standards set by the state. But hey, at least they'll have more time to focus on their true passion: selling guns.

Teachers aren't too happy about this law either. They worry about the impact of the law on their students' academic, social, and emotional development. They value the diversity and quality of books that they can use to teach various subjects, skills, and perspectives to their students. And they oppose the interference of the state in their professional autonomy and expertise to select appropriate and relevant materials for their students. But hey, who needs expertise when you've got politicians?

Now, some other states have similar laws that ban or restrict sexually explicit books in schools. But let's face it: Texas does everything bigger and better. We don't just ban books; we make a whole law about it.

And speaking of controversial laws in Texas, let's not forget about the Texas textbooks controversy. This ongoing dispute over the content and interpretation of history and social studies textbooks used in Texas public schools has been a source of endless amusement for years. Some of the issues that have sparked controversy include the representation of slavery, racism, and civil rights in American history; the role of religion in the founding and development of the United States; and the balance between conservative and liberal perspectives on economic, political, and social issues.

The controversy stems from the fact that Texas is one of the largest and most influential states in terms of textbook adoption and purchasing. The Texas State Board of Education has the authority to approve or reject textbooks for use in Texas public schools. And because of the size and market power of Texas, textbook publishers often cater to the board's preferences and produce textbooks that reflect its ideological views.

But hey, who needs accuracy and academic rigor when you've got politics? Let's just teach our kids that George Washington chopped down a cherry tree with his AK-47.

In conclusion, folks, let's all take a moment to appreciate the absurdity of this new law in Texas. And let's hope that someday soon, our politicians will realize that maybe they should leave education to the professionals. Or at the very least, leave book ratings to someone who knows what they're doing. Like a drunk monkey with a dartboard.


THE DEFT DIVE

The READER Act is a law that was passed in Texas in 2023 that regulates the sexual content in books sold to or included in public school libraries. According to the law, vendors must label books that describe or portray sexual conduct as either **sexually explicit** or **sexually relevant**¹⁴⁵. Sexually explicit material is defined as any communication, language, or material that describes, depicts, or portrays sexual conduct in a way that is patently offensive²³. Sexually relevant material is any communication, language, or material that describes or portrays sexual conduct, excluding library material directly related to the required curriculum²³. The law also prohibits schools from allowing students to access sexually explicit material and requires parental consent for accessing sexually relevant material²³. The law aims to protect students from harmful or obscene content and to recognize the role of parents as the primary decision-makers regarding their children's access to library material²³⁶.

Bing, 7/4/2023

(1) A new Texas law forces vendors to rate sexual content in ... - CNN. https://bing.com/search?q=READER+Act+Texas.

(2) A new Texas law forces vendors to rate sexual content in ... - CNN. https://www.cnn.com/2023/07/04/business/texas-sexually-explicit-books-law/index.html.

(3) A new Texas law forces vendors to rate sexual content in schoolbooks .... https://www.channel3000.com/news/money/a-new-texas-law-forces-vendors-to-rate-sexual-content-in-schoolbooks-they-re-not/article_d24a98d8-9abc-5230-b9ac-c8bb74986e24.html.

(4) By:AAPatterson H.B.ANo - Texas. https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB01655I.PDF.

(5) H.B.ANo - Texas. https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB00900F.pdf.

(6) TPPF Applauds the Passage of the READER Act - Texas Public Policy .... https://www.texaspolicy.com/press/tppf-applauds-the-passage-of-the-reader-act.

Bing, 7/4/2023

(1) Censorship Reigns in Texas: Controversial Bill Passes To Remove ‘Racy .... https://www.reformaustin.org/texas-legislature/censorship-reigns-in-texas-controversial-bill-passes-to-remove-racy-books-from-schools/.

(2) Texas Senate passes bill banning sexually explicit material in school .... https://www.thecentersquare.com/texas/article_baa7ea86-fb41-11ed-b658-238c28c0d113.html.

(3) ‘There should be no sexually explicit books’: Texas lawmakers debate .... https://www.dallasnews.com/news/education/2023/03/22/there-should-be-no-sexually-explicit-books-texas-lawmakers-debate-school-library-rules/.

The response of book vendors to this law is mostly negative. Some of their concerns are:

  • - They do not have the time, money, or expertise to read and rate thousands of books based on sexual content¹²³.
  • - They fear losing their business with Texas public schools if they fail to comply with the law or the standards set by the state¹²⁴.
  • - They oppose censorship and support the freedom of expression and choice for authors, educators, and students¹²³.
  • - They question the authority and criteria of the Texas Education Agency to create a "do not buy" list from vendors who do not meet their expectations³⁴.

Bing, 7/4/2023

(1) A new Texas law forces vendors to rate sexual content in schoolbooks .... https://edition.cnn.com/2023/07/04/business/texas-sexually-explicit-books-law/.

(2) ‘There should be no sexually explicit books’: Texas lawmakers debate .... https://www.dallasnews.com/news/education/2023/03/22/there-should-be-no-sexually-explicit-books-texas-lawmakers-debate-school-library-rules/.

(3) Texas Officially Bans So-Called "Sexually Explicit" Books; Demands Book .... https://bookriot.com/texas-readers-act/.

(4) Texas Lawmaker Introduces Bill to Prohibit ‘Sexually Explicit Material .... https://thetexan.news/texas-lawmaker-introduces-bill-to-prohibit-sexually-explicit-material-from-public-school-libraries/.

The response of teachers to this law is also mostly negative. Some of their concerns are:

  • - They worry about the impact of the law on their students' academic, social, and emotional development, especially those who are LGBTQ+ or belong to marginalized groups¹.
  • - They value the diversity and quality of books that they can use to teach various subjects, skills, and perspectives to their students¹².
  • - They oppose the interference of the state in their professional autonomy and expertise to select appropriate and relevant materials for their students¹².
  • - They question the validity and reliability of the ratings assigned by book vendors, who may not have the same educational background or criteria as teachers¹².

Bing, 7/4/2023

(1) Censorship Reigns in Texas: Controversial Bill Passes To Remove ‘Racy .... https://www.reformaustin.org/texas-legislature/censorship-reigns-in-texas-controversial-bill-passes-to-remove-racy-books-from-schools/.

(2) HB 3 Reading Academies | Texas Education Agency. https://tea.texas.gov/academics/early-childhood-education/reading/hb-3-reading-academies.

(3) Response to Intervention | Texas Education Agency. https://tea.texas.gov/academics/special-student-populations/special-education/programs-and-services/response-to-intervention.

(4) TPPF Applauds the Passage of the READER Act - Texas Public Policy .... https://www.texaspolicy.com/press/tppf-applauds-the-passage-of-the-reader-act.

This law affects students and parents in Texas in different ways. Some of the possible effects are:

  • - Students may have less access to books that reflect their identities, experiences, or interests, especially if they are LGBTQ+ or belong to marginalized groups¹.
  • - Students may have less exposure to diverse perspectives, cultures, or histories that can enrich their learning and critical thinking¹.
  • - Students may have less choice and autonomy in selecting books that suit their reading levels, preferences, or needs¹².
  • - Parents may have more involvement and responsibility in deciding what books their children can access in school libraries²³.
  • - Parents may have more awareness and information about the sexual content of books that their children may encounter in school²³.

Bing, 7/4/2023

(1) Censorship Reigns in Texas: Controversial Bill Passes To Remove ‘Racy .... https://www.reformaustin.org/texas-legislature/censorship-reigns-in-texas-controversial-bill-passes-to-remove-racy-books-from-schools/.

(2) Every Student Succeeds Act | Texas Education Agency. https://tea.texas.gov/about-tea/laws-and-rules/essa/every-student-succeeds-act.

(3) TPPF Applauds the Passage of the READER Act - Texas Public Policy .... https://www.texaspolicy.com/press/tppf-applauds-the-passage-of-the-reader-act.

Yes, there are other states with similar laws that ban or restrict sexually explicit books in schools. Some of them are:

  • - **Florida**, which passed two bills that give more space for parental input and feedback on books and materials used in schools, and that curtail discussion of gender or sexual identity in public schools¹.
  • - **Missouri**, which passed a law that makes it a crime to give students books that contain sexually explicit material, defined as any communication, language, or material that describes, depicts, or portrays sexual conduct in a way that is patently offensive².
  • - **Oklahoma**, which passed a law that requires school districts to adopt policies for parental review of instructional materials, and that prohibits the use of materials that contain obscene language or sexual content³.
  • - **South Carolina**, which passed a law that requires school districts to adopt policies for parental review of instructional materials, and that prohibits the use of materials that contain profanity or sexual content³.
  • - **Utah**, which passed a law that requires school districts to adopt policies for parental review of instructional materials, and that prohibits the use of materials that contain profanity, sexual content, or violence³.

Bing, 7/4/2023

(1) Missouri schools are taking books off shelves due to 'sexually explicit .... https://www.npr.org/2022/08/26/1119724459/missouri-schools-are-taking-books-off-shelves-due-to-sexually-explicit-content-b.

(2) States That Have Enacted Book Ban Laws: Book Censorship ... - BOOK RIOT. https://bookriot.com/states-that-have-enacted-book-ban-laws-2022/.

(3) School districts struggle to implement new laws on sexually explicit books. https://stateline.org/2023/06/14/school-districts-struggle-to-implement-new-laws-on-sexually-explicit-books/.

(4) School Districts Struggle to Implement New Laws on Sexually Explicit Books. https://www.edweek.org/teaching-learning/school-districts-struggle-to-implement-new-laws-on-sexually-explicit-books/2023/06.

(5) School districts struggle to implement new laws on sexually explicit books. https://www.virginiamercury.com/2023/06/15/school-districts-struggle-to-implement-new-laws-on-sexually-explicit-books/.

The Texas textbooks controversy is a long-standing and ongoing dispute over the content and interpretation of history and social studies textbooks used in Texas public schools. Some of the issues that have sparked controversy are:

  • - The representation of slavery, racism, and civil rights in American history¹².
  • - The role of religion, especially Christianity, in the founding and development of the United States³ .
  • - The balance between conservative and liberal perspectives on economic, political, and social issues³ .
  • - The inclusion or exclusion of diverse voices and experiences, especially those of LGBTQ+ people and people of color² .

The controversy stems from the fact that Texas is one of the largest and most influential states in terms of textbook adoption and purchasing. The Texas State Board of Education, which consists of 15 elected members, has the authority to approve or reject textbooks for use in Texas public schools. The board also sets the curriculum standards that guide textbook content. Because of the size and market power of Texas, textbook publishers often cater to the board's preferences and produce textbooks that reflect its ideological views. These textbooks may then be sold to other states or districts that have similar or less stringent standards³ .

The controversy has attracted national attention and criticism from various groups, including historians, educators, parents, students, civil rights activists, and media outlets. They argue that the board's decisions are based on political agendas rather than academic rigor or accuracy. They also warn that the board's influence could undermine the quality and diversity of education for students across the country²³ .

Bing, 7/4/2023

(1) Company Apologizes for Texas Textbook Calling Slaves ... - Newsweek. https://www.newsweek.com/company-behind-texas-textbook-calling-slaves-workers-apologizes-we-made-380168.

(2) The Texas Textbook Controversy. It's Part of a Long, Awful, Tradition .... https://historynewsnetwork.org/article/159519.

(3) 'Revisionaries' Tells Story Of Texas Textbook Battle : NPR. https://www.npr.org/2012/06/20/155440679/revisionaries-tells-story-of-texas-textbook-battle.

Some examples of the Texas textbooks controversy are:

  • - In 2015, a high school edition of McGraw-Hill's World Geography textbook referred to African slaves who were forcibly brought to the Americas as "workers". The company later apologized and revised the caption after public outcry¹.
  • - In 2020, a New York Times analysis of eight commonly used American history textbooks in California and Texas found hundreds of differences in how they presented topics such as slavery, civil rights, religion, immigration, and gender and sexuality. The analysis showed how textbooks were customized to satisfy the ideological preferences of the Texas State Board of Education².
  • - In 2021, conservative parents filed dozens of formal requests to remove books from school libraries that dealt with race, racism, sex, gender, and sexuality. Some of the targeted books included "Drama" by Raina Telgemeier, "Lawn Boy" by Jonathan Evison, and "Stamped: Racism, Antiracism, and You" by Ibram X. Kendi and Jason Reynolds³.

Bing, 7/4/2023

(1) Two States. Eight Textbooks. Two American Stories.. https://www.nytimes.com/interactive/2020/01/12/us/texas-vs-california-history-textbooks.html.

(2) Here are 50 books Texas parents want banned from school libraries. https://www.nbcnews.com/news/us-news/texas-library-books-banned-schools-rcna12986.

(3) Texas Textbooks: What Happened, What It Means, and What We Can Do About .... https://www.rightwingwatch.org/report/texas-textbooks-what-happened-what-it-means-and-what-we-can-do-about-it/.

There is no definitive answer to what social studies textbooks are used in Christian national private schools and charter schools, as different schools may have different curricula and preferences. However, some of the most popular textbook sources used by Christian schools throughout the US are:

  • - **Christian Light**, which publishes social studies textbooks for grades 1 to 12 that focus on God's sovereignty and providence in history and geography. The textbooks cover topics such as communities, world regions, American history, government, economics, and current issues from a biblical perspective¹.
  • - **Abeka**, which publishes social studies textbooks for grades K to 12 that emphasize patriotism, Christianity, and free enterprise. The textbooks cover topics such as American history, world history, geography, civics, and economics from a conservative viewpoint².
  • - **Bob Jones University Press**, which publishes social studies textbooks for grades K to 12 that integrate biblical truth and academic excellence. The textbooks cover topics such as American history, world history, geography, government, economics, and sociology from a Christian worldview.
  • - **Accelerated Christian Education**, which publishes social studies workbooks for grades K to 12 that teach students to evaluate historical events and current issues in light of God's Word. The workbooks cover topics such as American history, world history, geography, government, economics, and citizenship from a fundamentalist perspective.

Some of these textbooks have been criticized for teaching a version of history that is racially biased and inaccurate. For example, a Guardian analysis found that some of these textbooks whitewash the legacy of slavery, frame Native Americans as lesser, and blame the Black Lives Matter movement for sowing racial discord.

Bing, 7/4/2023

(1) Social Studies - Christian Light. https://christianlight.org/shop-curriculum/by-subject/social-studies.

(2) The rightwing US textbooks that teach slavery as ‘black immigration .... https://www.theguardian.com/education/2021/aug/12/right-wing-textbooks-teach-slavery-black-immigration.

Some criticisms of these textbooks are:

  • - They present a distorted and selective version of history that favors a white, Christian, conservative perspective and marginalizes or misrepresents the experiences and contributions of people of color, women, LGBTQ+ people, and other groups¹²³.
  • - They promote a narrow and uncritical view of citizenship and democracy that ignores the complexities and conflicts of social and political issues and discourages students from questioning or challenging the status quo¹².
  • - They contain factual errors, omissions, and misinterpretations that undermine the accuracy and credibility of the information they provide²³.
  • - They foster a negative and biased view of Islam and other non-Christian religions, while downplaying the violence and oppression committed by Christians in history²⁴.

Bing, 7/4/2023

(1) Accepting or Challenging the Given? Critical Perspectives on Whole .... https://www.tandfonline.com/doi/full/10.1080/15348458.2021.1958685.

(2) Proposed Texas textbooks are inaccurate, biased and politicized, new .... https://www.washingtonpost.com/news/answer-sheet/wp/2014/09/12/proposed-texas-textbooks-are-inaccurate-biased-and-politicized-new-report-finds/.

(3) History Scholars Criticize Social Studies Textbooks - The Texas Tribune. https://www.texastribune.org/2014/09/10/history-scholars-criticize-social-studies-textbook/.

(4) Textbooks May Be Too Pro-Islam, Anti-Christian, Texas State Education .... https://abcnews.go.com/US/textbooks-pro-islam-anti-christian-texas-state-education/story?id=11697738.

Monday, July 3, 2023

BACK TO THE PAST: SUPREME COURT JUSTICES EDITION

 

BACK TO THE PAST: SUPREME COURT JUSTICES EDITION

Welcome to the latest blockbuster movie, "Back to the Past: Supreme Court Justices Edition". In this hilarious parody of the classic "Back to the Future" franchise, we follow the adventures of the Supreme Court Justices as they travel back in time to destroy the gains made by women and minorities and give billionaires free reign to form the American plutocracy.

Our story begins with the conservative majority on the Supreme Court, led by Chief Justice John Roberts, feeling nostalgic for the good old days when women and minorities knew their place and billionaires ruled the world. So, they decide to hop into their time machine, which just happens to be an old Studebaker Avanti, and travel back in time to the 1950s.

Once they arrive, they immediately set to work dismantling all of the progress made since World War II. They overturn landmark decisions like Brown v. Board of Education and Roe v. Wade, and reinstate segregation and back-alley abortions. They also declare that corporations are people and money is speech, effectively ending any hope of campaign finance reform.

But it's not just women and minorities who are in their crosshairs. They also take aim at the middle class, gutting worker protections and labor unions, and making it easier for corporations to exploit their employees. They even repeal the New Deal, sending the country back into economic depression.

As they revel in their newfound power, they are confronted by a group of plucky heroes who have also traveled back in time to stop them. Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan team up with a young Thurgood Marshall and Cesar Chavez to take on the conservative justices.

What follows is a thrilling battle between good and evil, as the heroes fight to protect the gains made by women and minorities and ensure a more just and equitable future for all. Along the way, they encounter a host of colorful characters, from a young Bernie Sanders to a time-traveling Elon Musk.

In the end, justice prevails, and the conservative justices are sent back to their own time, defeated but not deterred. As they return to the present day, they vow to continue their crusade against progress and equality, but they know that they will always be haunted by the memory of the brave heroes who stood up to them in the past.

So, if you're looking for a hilarious romp through time and space, with a healthy dose of political satire thrown in for good measure, then "Back to the Past: Supreme Court Justices Edition" is the movie for you. It's a wild ride that you won't soon forget!

THE DEFT DIVE

The Roberts court has reversed several precedents in the past 14 years, mostly by 5-4 votes along ideological lines. Some of the most notable ones are:

  • - **Citizens United v. FEC** (2010), which overturned **Austin v. Michigan Chamber of Commerce** (1990) and part of **McConnell v. FEC** (2003), and allowed unlimited corporate and union spending in elections as a form of free speech⁴.
  • - **Shelby County v. Holder** (2013), which overturned part of **South Carolina v. Katzenbach** (1966) and invalidated the coverage formula of the Voting Rights Act of 1965, which required certain states and localities to obtain federal approval before changing their voting laws⁴.
  • - **Janus v. AFSCME** (2018), which overturned **Abood v. Detroit Board of Education** (1977) and ruled that public sector unions cannot collect fees from non-members who benefit from collective bargaining, as it violates their First Amendment rights⁴.
  • - **Knick v. Township of Scott** (2019), which overturned **Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City** (1985) and allowed property owners to sue local governments for takings claims in federal court without first seeking compensation in state court⁵.
  • - **Ramos v. Louisiana** (2020), which overturned **Apodaca v. Oregon** (1972) and held that the Sixth Amendment right to a jury trial requires a unanimous verdict to convict a defendant of a serious offense in both federal and state courts⁵.

Bing, 7/3/2023

(1) How often does the Supreme Court overturn precedents like Roe v. Wade .... https://www.washingtonpost.com/politics/2019/05/21/how-often-does-supreme-court-overturn-precedents-like-roe-v-wade/.

(2) Precedent And The Roberts Court In 4 Charts - Law360. https://www.law360.com/articles/1207062/precedent-and-the-roberts-court-in-4-charts.

(3) The Supreme Court has overturned precedent dozens of times, including .... https://bing.com/search?q=roberts+court+reversed+precedents.

(4) Supreme Court reverses affirmative action, gutting race-conscious .... https://www.npr.org/2023/06/29/1181138066/affirmative-action-supreme-court-decision.

(5) The Supreme Court has overturned precedent dozens of times in the past .... https://theconversation.com/the-supreme-court-has-overturned-precedent-dozens-of-times-in-the-past-60-years-including-when-it-struck-down-legal-segregation-168052.

(6) The Supreme Court has overturned precedent dozens of times, including .... https://theconversation.com/the-supreme-court-has-overturned-precedent-dozens-of-times-including-striking-down-legal-segregation-and-reversing-roe-185941.

The current supreme court has reversed two major precedents in the past year: **Roe v. Wade** and **Grutter v. Bollinger**. Roe v. Wade (1973) was the landmark decision that recognized a constitutional right to abortion, while Grutter v. Bollinger (2003) was the last decision that upheld race-conscious affirmative action in higher education²³. The court overturned these precedents by 6-3 votes, with the conservative majority citing the need to protect human life and equal protection under the law²⁵.

Some of the changes that have occurred since these precedents were established are:

  • - The composition of the supreme court has shifted to a 6-3 conservative majority, with three justices appointed by former President Trump.
  • - The political and social polarization of the country has intensified, with abortion and affirmative action becoming highly divisive issues among different groups and regions.
  • - The scientific and technological advances have made abortion safer and more accessible, as well as raised new ethical questions about fetal development and viability.
  • - The demographic and economic changes have increased the diversity and inequality of the population, as well as the demand for higher education and skilled workers.

7/3/2023

(1) Who died and made the Supreme Court a Congress?. https://www.msnbc.com/the-mehdi-hasan-show/the-mehdi-hasan-show/supreme-court-congress-republican-majority-rcna92394.

(2) Supreme Court Reverses Decades of Precedent to Curtail Affirmative Action. https://truthout.org/articles/supreme-court-reverses-decades-of-precedent-to-curtail-affirmative-action/.

(3) Supreme Court reverses decades of precedent by ending affirmative .... https://www.npr.org/2023/06/29/1185140161/supreme-court-reverses-decades-of-precedent-by-ending-affirmative-action.

(4) Five times the Supreme Court reversed a precedent. https://thehill.com/regulation/court-battles/3477148-five-times-the-supreme-court-reversed-a-precedent/.

(5) In 370 days, Supreme Court conservatives dash decades of abortion and affirmative action precedents. https://apnews.com/article/supreme-court-affirmative-action-abortion-e6fc46c12a6bf83a96874586b5858d18.

The Supreme Court does not have a fixed formula for deciding when to overturn a precedent, but it has stated that there must be some special justification or strong grounds that goes beyond disagreeing with a prior decision's reasoning. The court has also considered several prudential and pragmatic factors that balance the need for stability and correction in the law, such as:

  • - **The quality of the past decision's reasoning**, meaning whether the decision was well-reasoned, persuasive, and based on sound legal principles or whether it was flawed, illogical, or arbitrary¹³.
  • - **The consistency of the past decision with related decisions**, meaning whether the decision fits within the court's broader doctrinal framework or whether it conflicts, departs, or is eroded by other rulings on similar issues¹³.
  • - **The legal developments since the past decision**, meaning whether the decision reflects the current understanding of the Constitution or whether it is outdated, obsolete, or incompatible with new laws, doctrines, or values¹³.
  • - **The reliance on the past decision throughout the legal system and society**, meaning whether the decision has generated expectations, investments, or behaviors that would be disrupted, harmed, or unfair if the decision were overruled or whether the decision has caused negative consequences, injustices, or hardships that would be alleviated by overruling¹³.

These factors are not exhaustive or determinative, and different justices may weigh them differently depending on their judicial philosophy, ideology, or views on specific issues. Ultimately, the court has to balance its own institutional legitimacy and authority with its responsibility to interpret and apply the Constitution faithfully and fairly.

Bing, 7/3/2023

(1) The Rights and Wrongs of Overruling Precedent - Reason.com. https://reason.com/volokh/2019/06/26/the-rights-and-wrongs-of-overruling-precedent/.

(2) Does overturning precedent undermine the Supreme Court’s legitimacy .... https://hls.harvard.edu/today/does-overturning-precedent-undermine-the-supreme-courts-legitimacy/.

(3) The Supreme Court’s Overruling of Constitutional Precedent - CRS Reports. https://crsreports.congress.gov/product/pdf/R/R45319.

(4) When can the Supreme Court overturn precedent? - LegalKnowledgeBase.com. https://legalknowledgebase.com/when-can-the-supreme-court-overturn-precedent.

(5) 8 Landmark Supreme Court Cases That Were Overturned. https://www.history.com/news/landmark-supreme-court-cases-overturned.

Originalism and living constitutionalism are two competing theories of constitutional interpretation. They differ in how they approach the meaning and authority of the constitutional text.

  • - **Originalism** is the theory that the meaning of the constitutional text is fixed at the time of its ratification and that it should bind constitutional actors, such as judges, legislators, and executives. Originalists argue that the original meaning can be discovered by examining the text itself, the historical context, the intentions of the framers, or the public understanding at the time¹². Originalists contend that originalism is the best way to preserve the rule of law, respect democratic choices, and limit judicial activism¹².
  • - **Living constitutionalism** is the theory that the meaning of the constitutional text is not fixed but can and should evolve in response to changing circumstances and values. Living constitutionalists argue that the constitutional text is often vague, ambiguous, or outdated, and that it needs to be interpreted in light of contemporary norms, practices, and problems³⁴. Living constitutionalists contend that living constitutionalism is the best way to adapt the Constitution to modern realities, protect fundamental rights, and promote social progress³⁴.

These two theories often clash on controversial issues, such as abortion, affirmative action, gun rights, and campaign finance. They also reflect different views on the role and legitimacy of the Supreme Court as the final arbiter of constitutional questions.

Bing, 7/3/2023

(1) | University of Virginia School of Law. https://www.law.virginia.edu/scholarship/publication/lawrence-b-solum/953451.

(2) Originalism Versus Living Constitutionalism: The Conceptual Structure .... https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=3248&context=facpub.

(3) CONSTITUTIONAL INTERPRETATION: AN OVERVIEW OF ORIGINALISM AND LIVING .... https://lawreview.law.uic.edu/constitutional-interpretation-an-overview-of-originalism-and-living-constitutionalism/.

(4) Living Constitutionalism v. Originalism. - Human Events. https://humanevents.com/2019/07/02/living-constitutionalism-v-originalism/.

(5) Originalism Vs Living Constitution Theory | ipl.org. https://www.ipl.org/essay/Originalism-Vs-Living-Constitution-Theory-PJYW8X5QDAB.

Citizens United was a landmark Supreme Court decision that overturned previous campaign finance restrictions and allowed corporations and other groups to spend unlimited money on elections as a form of free speech². The ruling has been widely criticized for its impact on the role of money and influence in politics, as it has led to the creation of super PACs, which can raise and spend unlimited funds from wealthy donors, and the expansion of dark money, which is spending by groups that do not disclose their sources of funding¹³. Some argue that Citizens United has undermined the democratic process, increased political polarization, and favored special interests over the public interest³⁴.

However, whether Citizens United has reversed the gains made since World War II is a matter of opinion and perspective. Some might point to the positive aspects of the ruling, such as its protection of free speech rights, its promotion of political diversity and competition, and its empowerment of grassroots movements and social causes⁵. Others might disagree with the premise that there were gains made since World War II, or that those gains were related to campaign finance regulation. Ultimately, the question of how Citizens United has affected American democracy is complex and contested, and it may depend on one's values, beliefs, and goals.

 Bing, 7/3/2023

(1) Citizens United vs. FEC - HISTORY. https://www.history.com/topics/united-states-constitution/citizens-united.

(2) Citizens United Explained | Brennan Center for Justice. https://www.brennancenter.org/our-work/research-reports/citizens-united-explained.

(3) A look at the impact of Citizens United on its 9th anniversary. https://www.opensecrets.org/news/2019/01/citizens-united/.

(4) Citizens United and Its Impact on Campaign Financing: A Brief Overview .... https://home.heinonline.org/blog/2018/03/citizens-united-and-its-impact-on-campaign-financing-a-brief-overview/.

(5) 13 Years of Impact: The Long Reach of ‘Citizens United’. https://www.ncsl.org/state-legislatures-news/details/13-years-of-impact-the-long-reach-of-citizens-united.

Some of the conservative justices who voted to overturn Roe v. Wade did say that Roe was settled law and that they follow precedent and stare decisis at their confirmation hearings. For example, Neil Gorsuch said that Roe was "a precedent of the U.S. Supreme Court" that had been "reaffirmed many times" and was "worthy as treatment of precedent like any other"². Brett Kavanaugh said that Roe was an "important precedent of the Supreme Court" that had been "reaffirmed many times" and was "entitled the respect under principles of stare decisis"³. Amy Coney Barrett said that Roe was a "case that is on the books" and that she would "follow all Supreme Court precedent without fail" unless there was a reason to depart from it.

However, saying that Roe was settled law or precedent did not necessarily mean that they agreed with its reasoning or outcome, or that they would never vote to overturn it. They also avoided answering hypothetical questions about how they would rule on future cases involving abortion, citing judicial ethics and independence²³ . Moreover, they indicated that there were circumstances in which they would be willing to reconsider or overrule precedents, such as when they were "grievously wrong", "unworkable", or "inconsistent with other constitutional principles"²³ . In their draft opinion, they argued that Roe met those criteria and therefore should be overturned¹.

It is worth noting that not all conservative justices who voted to overturn Roe said that it was settled law or precedent at their confirmation hearings. Clarence Thomas said that he had no opinion on Roe and had never discussed it with anyone. Samuel Alito said that he would approach the issue of abortion with an open mind and respect for precedent, but he did not explicitly endorse Roe as settled law or precedent.

Bing, 7/3/2023

(1) What the conservative justices who voted to overturn Roe v. Wade said .... https://www.washingtonpost.com/politics/2022/06/24/justices-roe-confirmation-hearings/.

(2) Why conservative Justice Potter Stewart joined the majority in Roe v. Wade. https://thehill.com/opinion/judiciary/3482007-why-conservative-justice-potter-stewart-joined-the-majority-in-roe-v-wade/.

(3) What conservative justices said about Roe v. Wade at their ... - NPR. https://www.npr.org/2022/05/03/1096108319/roe-v-wade-alito-conservative-justices-confirmation-hearings.

I DIDN'T KNOW THAT ABOUT THE DECLARATION OF INDEPENDENCE

I DIDN'T KNOW THAT ABOUT THE DECLARATION OF INDEPENDENCE

Ah, the Declaration of Independence. That old piece of parchment that we all learned about in school. But did you know that there are some lesser-known facts about this famous document? And did you know that it's actually pretty funny if you look at it from the right angle? Let's take a closer look.

First of all, let's talk about the signing date. We all know that the Declaration was adopted on July 4, 1776, but did you know that most of the signers didn't actually sign it until August 2, 1776? That's like turning in your homework a month after it was due. And speaking of signing, have you seen John Hancock's signature? It's huge! Legend has it that he wanted to make sure that King George III could read his name without spectacles. Talk about an ego.

But let's get back to the facts. Thomas Jefferson, one of the main authors of the Declaration, actually wrote a version of it known as the "Original Rough Draught." I don't know about you, but I think that's a pretty hilarious name. It's like he knew that it wasn't going to be perfect, but he just went with it anyway. And speaking of imperfections, did you know that there were only 26 surviving copies of the first printed version of the Declaration? I mean, come on, John Dunlap, get your act together.

Now, let's talk about the Syng inkstand. This thing is basically a fancy inkwell that was used to hold the ink for the Declaration. It's currently on display at the Independence National Historical Park in Philadelphia. I don't know about you, but I think it's pretty funny that we have an entire artifact dedicated to holding ink. It's like we're so obsessed with this document that we even care about the ink that was used to write it.

But let's get serious for a moment. When the Declaration reached Britain, it was initially met with mixed reactions. Some dismissed it as a rebellion, while others saw it as a serious threat to British rule. King George III supposedly wrote "Nothing of importance happened today" in his diary on July 4, 1776. I mean, come on, George, you're not fooling anyone. We all know that you were secretly freaking out.

And finally, let's talk about the women's suffrage movement. Did you know that the Declaration of Sentiments, a key document in the movement, was modeled after the structure and language of the Declaration of Independence? It was presented at the Seneca Falls Convention in 1848. I don't know about you, but I think it's pretty funny that a document that was originally written by a bunch of old white dudes ended up inspiring a movement for women's rights.

In conclusion, the Declaration of Independence is a pretty funny document if you look at it from the right angle. From John Hancock's ego to Thomas Jefferson's "Original Rough Draught," there are plenty of laughs to be had. But let's not forget that this document is also incredibly important and shaped the course of American history. So let's raise a glass (or a quill) to the Declaration and all of its quirks and imperfections.

THE DEFT DIVE


Here are some lesser-known facts about the Declaration of Independence:

1. Signing date: While the Declaration of Independence was adopted on July 4, 1776, most of the signers did not actually put pen to paper until August 2, 1776. This is the date when the official parchment document was prepared.

2. Syng inkstand: The Syng inkstand, an iconic artifact associated with the signing of the Declaration, was used to hold the ink for the document. It is currently on display at the Independence National Historical Park in Philadelphia.

3. "Original Rough Draught": Thomas Jefferson drafted a version of the Declaration known as the "Original Rough Draught." This draft underwent revisions and edits by other committee members before being adopted.

4. Printer John Dunlap: The first printed copies of the Declaration, known as the "Dunlap Broadsides," were produced by John Dunlap on the night of July 4, 1776. Around 200 copies were made, but only 26 are known to have survived.

5. Signer ages: The signers of the Declaration of Independence ranged in age from 26 to 70. The youngest signer was Edward Rutledge of South Carolina, and the oldest was Benjamin Franklin of Pennsylvania.

6. John Hancock's prominent signature: John Hancock's signature on the Declaration is notably large and flamboyant. Legend has it that he wanted to make sure that King George III could read his name without spectacles.

7. British reaction: When the Declaration reached Britain, it was initially met with mixed reactions. Some dismissed it as a rebellion, while others saw it as a serious threat to British rule. King George III supposedly wrote "Nothing of importance happened today" in his diary on July 4, 1776.

8. Women's suffrage connection: The Declaration of Sentiments, a key document in the women's suffrage movement, was modeled after the structure and language of the Declaration of Independence. It was presented at the Seneca Falls Convention in 1848.

These are just a few intriguing facts about the Declaration of Independence. It remains an important historical document that shaped the course of American history.

Declaration of Independence, the 4th of July, our Founding Fathers and the celebrations over the years:

  • - **Fourth of July - Origins, Early Celebrations & Traditions | HISTORY**¹: This article provides a detailed overview of the history of Independence Day, from the events that led to the adoption of the Declaration of Independence to the traditions and festivities that have evolved over time. It also features a photo gallery of the Founding Fathers and a video about the origins of the holiday.
  • - **Declaration of Independence | Summary, Definition, Date, & Text | Britannica**²: This article explains the background, content and significance of the Declaration of Independence, as well as its impact on the American Revolution and the world. It also answers some frequently asked questions about the document and its preservation.
  • - **America declared independence on July 2—so why is the 4th a holiday? | National Geographic**³: This article explores the discrepancy between the date that independence was formally declared (July 2) and the date that the Declaration of Independence was adopted (July 4). It also discusses how different states and regions celebrated the anniversary of independence in different ways.
  • - **Declaration of Independence | Key Facts | Britannica**⁴: This article summarizes the key facts about the Declaration of Independence, such as who wrote it, who signed it, what it said and how it was received. It also provides a link to the full text of the document..

Bing, 7/3/2023

(1) Fourth of July - Origins, Early Celebrations & Traditions | HISTORY. https://www.history.com/topics/holidays/july-4th.

(2) Declaration of Independence | Summary, Definition, Date, & Text. https://www.britannica.com/topic/Declaration-of-Independence.

(3) America declared independence on July 2—so why is the 4th a holiday?. https://www.nationalgeographic.com/history/article/america-declared-independence-july-2-why-holiday-4th.

(4) Declaration of Independence | Key Facts | Britannica. https://www.britannica.com/summary/Declaration-of-Independence-Key-Facts.

There are many books about the Declaration of Independence that you can read to learn more about this important document and its impact. Here are some of the books:

  • - **Our Declaration: A Reading of the Declaration of Independence in Defense of Equality** by Danielle S. Allen¹: This book offers a close reading and analysis of the Declaration of Independence, highlighting its relevance for contemporary issues of equality and democracy.
  • - **The Declaration of Independence: A Global History** by David Armitage²: This book explores how the Declaration of Independence has influenced and inspired other declarations of independence around the world, from Haiti to Vietnam.
  • - **The Declaration of Independence: The Story Behind America's Founding Document and the Men Who Created It** by Rod Gragg³: This book tells the story of the events and people that led to the creation and adoption of the Declaration of Independence, with removable artifacts and a full-size replica of the document.
  • - **The Declaration of Independence: A Study in the History of Political Ideas** by Carl Lotus Becker⁴: This book examines the philosophical and historical origins of the Declaration of Independence, as well as its reception and interpretation by different generations of Americans.

Bing, 7/3/2023

(1) Thomas Jefferson and the Declaration of Independence. https://www.monticello.org/thomas-jefferson/jefferson-s-three-greatest-achievements/the-declaration/jefferson-and-the-declaration/.

(2) Amazon.com: Declaration Of Independence: Books. https://www.amazon.com/declaration-independence-Books/s?k=declaration+of+independence&rh=n%3A283155.

(3) The Declaration of Independence: The Story Behind America's Founding .... https://www.amazon.com/Declaration-Independence-Americas-Founding-Document/dp/140160210X.

(4) The Declaration of Independence : A Global History - Google Books. https://books.google.com/books/about/The_Declaration_of_Independence.html?id=X2QCAa27Zy4C.

There are some movies about the Declaration of Independence that you can watch to enjoy some historical drama and action. Here are some of the movies:

  • - **Declaration of Independence** (1938): This short film directed by Crane Wilbur won an Academy Award for Best Short Subject (Two-Reel) in 1939. It dramatizes the events leading up to the signing of the Declaration of Independence, with actors portraying Thomas Jefferson, John Adams, Benjamin Franklin and others¹.
  • - **1776** (1972): This musical film directed by Peter H. Hunt is based on the Broadway musical comedy of the same name. It features songs and dialogues taken from the letters and memoirs of the Founding Fathers, as they debate and draft the Declaration of Independence in Philadelphia²³.
  • - **National Treasure** (2004): This adventure film directed by Jon Turteltaub stars Nicolas Cage as a treasure hunter who follows clues hidden in the Declaration of Independence and other historical documents to find a secret stash of riches left by the Founding Fathers⁴⁵.

Bing, 7/3/2023

(1) Declaration of Independence (film) - Wikipedia. https://en.wikipedia.org/wiki/Declaration_of_Independence_%28film%29.

(2) Top 10 Films Honoring American Independence - The Script Lab. https://thescriptlab.com/features/the-lists/1177-top-10-films-honoring-american-independence/.

(3) 1776 (1972) - IMDb. https://www.imdb.com/title/tt0068156/.

(4) Declare Your Independence: Hollywood’s Most Patriotic Movies. https://www.hollywoodreporter.com/lists/best-patriotic-movies-independence/.

(5) "declaration of independence" Movies - The Movie Database (TMDB). https://www.themoviedb.org/keyword/309007-declaration-of-independence/movie.

There are many places where you can watch the Fourth of July fireworks and celebrate the Independence Day. Here are some of the biggest celebrations and how to watch them:

  • - **Macy's Fourth of July Fireworks** in New York City: This is the largest fireworks show in the country, with more than 65,000 shells and effects launched from five barges on the East River. You can watch it live on NBC from 8 to 10 p.m. ET, or online on NBC.com or NBC app. You can also watch it in person from designated viewing areas along the Manhattan, Queens and Brooklyn waterfronts¹².
  • - **A Capitol Fourth** in Washington, D.C.: This is the nation's birthday celebration, broadcast live from the West Lawn of the U.S. Capitol. You can watch it live on PBS from 8 to 9:30 p.m. ET, or online on PBS.org, YouTube or Facebook. You can also watch it in person from the National Mall or other nearby locations³⁴.
  • - **Boston Pops Fireworks Spectacular** in Boston: This is the annual concert and fireworks show featuring the Boston Pops Orchestra and guest artists. You can watch it live on Bloomberg TV from 8 to 11 p.m. ET, or online on Bloomberg.com or Bloomberg app. You can also watch it in person from the Hatch Shell on the Charles River Esplanade or other nearby locations⁵⁶.

Bing, 7/3/2023

(1) Where to watch the July 4th fireworks in New York City. https://www.msn.com/en-us/news/other/what-to-know-about-macy-s-fourth-of-july-fireworks-in-new-york-city/ar-AA1dmEsN.

(2) Fourth of July celebrations: Where to watch fireworks in the Palm Beaches and the Treasure Coast. https://www.msn.com/en-us/travel/tripideas/fourth-of-july-celebrations-where-to-watch-fireworks-in-the-palm-beaches-and-the-treasure-coast/ar-AA1dgxFX.

(3) When and where to watch the big Fair St. Louis fireworks show. https://fox2now.com/news/missouri/when-and-where-to-watch-the-big-fair-st-louis-fireworks-show/.

(4) Fourth of July White House concert: Brothers Osborne and Ne-Yo perform. https://www.usatoday.com/story/news/politics/2023/07/03/biden-july-4-white-house-brothers-osborne-ne-yo-dj-dnice/70377764007/.

(5) Where to watch the best July 4th fireworks in 2021 - TODAY. https://www.today.com/popculture/where-watch-fourth-july-fireworks-2021-t218694.

(6) A Capitol Fourth | PBS. https://www.pbs.org/a-capitol-fourth/.

There are many other ways to celebrate the Fourth of July besides watching fireworks. You can try some of these activities to have fun and show your patriotism:

  • - **Dress the part**: Wear red, white and blue clothes, accessories, face paint or masks to show your colors. You can also decorate your own T-shirts, hats or shoes with patriotic symbols or slogans¹.
  • - **Have a patriotic picnic**: Pack some delicious food and drinks that are red, white and blue, such as potato salad, lobster macaroni salad, pretzels, truffles and strawberries. Find a nice spot to enjoy your meal, such as a park, a beach or your backyard¹.
  • - **Paint your lawn**: Use grass-friendly spray paint to create some artistic designs on your front lawn. You can paint stars and stripes, words of celebration or anything else that expresses your spirit¹.
  • - **Create a photo booth**: Set up a corner of your house or yard with some props and decorations that are related to the Fourth of July. You can use flags, balloons, hats, sunglasses, signs or anything else that suits the theme. Then take some fun photos with your family or friends and share them online¹.
  • - **Visit a historic landmark**: Learn more about the history of the Declaration of Independence and the American Revolution by visiting a place that played a role in it. You can go to Philadelphia, where the document was signed; Boston, where the Tea Party took place; or Washington, D.C., where the Capitol is located².
  • - **Watch a movie**: If you prefer to stay indoors, you can watch a movie that is related to the Fourth of July or the American history. Some examples are Declaration of Independence (1938), 1776 (1972), National Treasure (2004), Lincoln (2012) or Hamilton (2020)³.
  • - **Try something different**: Depending on where you live, you might find some unusual ways to celebrate the Fourth of July. For example, you can join a boat parade, a lobster race, a road apple roulette or a computer trap shooting⁴.

Bing, 7/3/2023

(1) 4th of July Bucket List: 41 Things to Do for Independence Day. https://bucketlistjourney.net/things-to-do-for-4th-of-july/.

(2) From big cities to small towns, see the most spectacular July 4th firework displays. https://www.msn.com/en-us/news/us/from-big-cities-to-small-towns-see-the-most-spectacular-july-4th-firework-displays/ar-AA1dnkxW.

(3) Ways to celebrate the 4th of July indoors. https://www.msn.com/en-us/lifestyle/other/ways-to-celebrate-the-4th-of-july-indoors/ar-AA1dmIlE.

(4) What's closed and what's open on the Fourth of July?. https://www.msn.com/en-us/money/companies/whats-closed-and-whats-open-on-the-fourth-of-july/ar-AA1dncVv.

(5) 7 Patriotic Ways to Celebrate Fourth of July With Your Family. https://www.verywellfamily.com/how-to-celebrate-july-fourth-with-your-family-5190662.

(6) How to Celebrate July 4th: Surprising Independence Day Traditions. https://www.newsweek.com/celebrate-4-july-traditions-1719780.

BACK IN THE NEWS STEPHEN MILLER INFAMOUS HATER AND EVIL POLICY DEVELOPER FOR TRUMP

 BACK IN THE NEWS

STEPHEN MILLER INFAMOUS HATER AND EVIL POLICY DEVELOPER FOR TRUMP

Stephen Miller, the infamous hater and evil policy developer in chief for former President Donald Trump, is back in the news. This time, he's threatening to sue 200 law schools across the country if they don't comply with the Supreme Court's ruling on affirmative action in college admissions. Oh, Stephen, always the life of the party.

For those of you who don't know who Stephen Miller is, let me give you a quick rundown. He's like a Disney villain come to life, with a face that looks like it's been chiseled out of granite and a personality that's about as warm as a Siberian winter. He's the kind of guy who would steal candy from a baby and then tell the baby it deserved it because it wasn't working hard enough. In other words, he's a real charmer.

But back to his latest shenanigans. Apparently, Miller thinks that affirmative action is "illegal racial discrimination." Yes, you read that right. The guy who worked for a president who was accused of being a racist on multiple occasions is now lecturing law schools about discrimination. The irony is so thick you could cut it with a knife.

Miller's letter to the law schools is a masterpiece of passive-aggressive threats. He warns them not to "violate, circumvent, bypass, subvert or otherwise program around" the Supreme Court's ruling on affirmative action. I don't know about you, but when someone tells me not to "program around" something, I feel like I'm in a bad sci-fi movie where the robots have taken over.

But wait, it gets better. Miller also says that his organization, America First Legal (which sounds like a discount store for patriotic merchandise), is "ready to take them to court" and "hold them to account" if they don't obey the court's decision. I can just picture Miller sitting in his office, rubbing his hands together and cackling like a Disney villain (which, let's be honest, is probably what he does all day).

Of course, Miller's letter has been met with outrage from many quarters. Some have accused him of trying to intimidate law schools into abandoning their commitment to diversity and inclusion. Others have pointed out that his argument against affirmative action is based on flawed logic and cherry-picked data. But I think we're all missing the real issue here: Stephen Miller is just not a fun guy.

I mean, can you imagine going to a party with him? You'd be trying to enjoy your drink and chat with your friends, and he'd be in the corner, muttering about how immigrants are ruining America and how affirmative action is reverse racism. It would be like having a dark cloud hanging over the whole evening.

So, in conclusion, Stephen Miller is still a hater, still an evil policy developer in chief, and still not someone you'd want to invite to your birthday party. But hey, at least he's consistent.

Stephen Miller Threatens Suit Against Schools Who Ignore SCOTUS Affirmative Action Decision https://news.yahoo.com/stephen-miller-threatens-suit-against-005102149.html 

THE DEFT DIVE

Stephen Miller is a former White House adviser who served under President Donald Trump from 2017 to 2021. He is now the president of **America First Legal**, a nonprofit organization that advocates for conservative causes⁴⁵.

He has recently sent a letter to the deans of **200 law schools** across the country, threatening to sue them if they do not comply with the Supreme Court's ruling on **affirmative action** in college admissions⁴⁵⁶. The ruling, issued last week, invalidated the admissions practices at Harvard University and the University of North Carolina at Chapel Hill, which considered race as a factor in selecting students. The court said that such practices violated the 14th Amendment's guarantee of equal protection⁵.

Miller claimed that affirmative action was "illegal racial discrimination" and warned the law schools not to "violate, circumvent, bypass, subvert or otherwise program around" the ruling⁴⁵. He said that his organization was ready to "take them to court" and "hold them to account" if they did not obey the court's decision⁴⁵.

Affirmative action policies emerged after the civil rights movement of the 1960s, aiming to increase educational opportunities for Black and Latino students. The policies incited accusations of "reverse racism" from white Americans, and in recent years, conservatives have argued that affirmative action unfairly disadvantaged Asian American college applicants. Asian American students' claims were the basis for both of the cases that led the Supreme Court to declare affirmative action programs in colleges unconstitutional⁴.

Bing, 7/3/2023

(1) Stephen Miller Threatens Schools After Affirmative Action Decision .... https://www.huffpost.com/entry/stephen-miller-affirmative-action-response_n_64a1a10de4b030efa12105c5.

(2) Stephen Miller warns schools of lawsuits if they ignore ... - The Hill. https://thehill.com/regulation/court-battles/4078821-stephen-miller-warns-schools-of-lawsuits-if-they-ignore-supreme-court-affirmative-action-ruling/.

(3) Stephen Miller Sends Threatening Letter to 200 Schools Telling ... - MSN. https://www.msn.com/en-us/news/other/stephen-miller-sends-threatening-letter-to-200-schools-telling-them-he-ll-sue-if-they-consider-race-in-applications-you-are-hereby-warned/ar-AA1dh5PU.

(4) Stephen Miller Threatens Suit Against Schools Who Ignore SCOTUS Affirmative Action Decision. https://www.msn.com/en-us/news/politics/stephen-miller-threatens-suit-against-schools-who-ignore-scotus-affirmative-action-decision/ar-AA1dlnGJ.

(5) Stephen Miller warns schools of lawsuits if they ignore Supreme Court affirmative action ruling. https://www.yahoo.com/lifestyle/stephen-miller-warns-schools-lawsuits-120757307.html.

(6) Stephen Miller puts more than 200 schools on notice after affirmative action ruling: ‘Going to take them to court’. https://www.bizpacreview.com/2023/07/01/stephen-miller-puts-more-than-200-schools-on-notice-after-affirmative-action-ruling-going-to-take-them-to-court-1373526/.