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March 05, 2009


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Michael Alexander

What is wrong for picking an arbitrary number and attaching constitutional meaning? I think 25 years should be the anniversary that forecloses a constitutional challenge. See Grutter v. Bollinger, 539 U.S. 306 (2003)(opinion of O'Connor, J.)("We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.").

Kathleen Bergin

O'Connor was making a pragmatic prediction: that society will have progressed to a point where diversity will have been achieved voluntarily, or through race-neutral means, such that race-based measures are no longer needed. In other words, its a change in actual future facts and circumstances that changes the constitutional equation.

I think EC claims are different. Forty years may have passed, but does nothing to dilute the message created by the placement, context, origin, etc. of a public religious display.

Michael Alexander

If you live by the sword, you have to die by the sword. If you think the meaning of the law can change over time, and it is up to a judge to determine the meaning of the law according to actual facts and circumstances - then you also have to believe the meaning of an inanimate object can change over time, and it can be up to a judge to determine the meaning of the object according to facts and circumstances. At a minimum I think you have to give up one of your two beliefs - either the affirmative action cases were wrongly decided, or the religious displays that have been around for a long time (and shifted meaning from a purely religous meaning) are allowed.

 jordan 11

Mishaps are like knives that either serve us or cut us as we grasp them by the handle or blade. Do you understand?

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