The Court’s great mistake in this area was to rewrite the law back in 1978.
When there’s no need to decide what the Constitution says about a policy, the justices shouldn’t take up the question. And there’s already a statute that settles whether universities should be able to take race into account in admissions: the Civil Rights Act of 1964.
That law holds that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
These words are not tricky to interpret. . . .
Of course they are. Any law that prevents the left from doing what it wishes to do immediately becomes opaque, nuanced, murky, and hard to interpret, unless it is interpreted in the manner the left wishes it to be.
Much like the plain language of the Second Amendment, in which the left has come to interpret the words “shall not be infringed” to mean, “shall be infringed at every opportunity.”
Or Martin Luther King’s ringing words that he had a dream of an America in which men were judged by the content of their character, not the color of their skin has come to mean that men shall always be judged by the color of their skin.
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