Supreme Court: Have We Already Lost America? Thank you, Ralph.
This week has been a Supreme Court horror show. Today's decision, which comes close to overturning Brown vs. The Board of Ed, is about as horrific decision as any the Court has made since Plessy vs. Ferguson.
Hillary Clinton has it exactly right when she says, "Today, the Court turned its back on the promise of Brown vs. Board of Education that students of different racial backgrounds deserve an opportunity to attend school together. At a time when our nation's schools are increasingly resegregating, we should be championing local efforts to pursue integration and reduce racial inequities in schools."
Instead, the Roberts court is trying to turn the clock back to 1953.
And this is just the worst of a series of decisions this week that demonstrated that, even if we take the White House in '08, the far far right revolution will continue until liberals get the chance to replace one of the rightwing justices. That may not happen for many years.
In the meantime, the rightwing juggernaut will continue. There is no way to know where it will end now that the right has even gone after desegregation. Repeal child labor laws? Minimum wage? Environmental regulation?
Mark it down. This week was a real turning point in the country's history. The stealing of the 2000 election has now achieved results that, even the most paranoid among us, would never have imagined. Thanks, Ralph Nader.


Comments (157)
When many white people say they want "colorblindness" what they really mean is they want not to have to think about "colored people" period. This opinion is reflective of those attitudes. It is an embarrassment and a disgrace, as well as orwellian in its obfuscation of what is really going on.
June 28, 2007 9:54 AM | Reply | Permalink
I am truly saddened by the Court's decision. And I'm a bit frightened for our country's future. Thomas, Alito, and Roberts are each in their 50s. We can expect another 25-30 years with them on the Court. Scalia and Kennedy are both in their early 70s and probably aren't going anywhere, either. Scalia wouldn't be able to find a larger pulpit to preach from and Kennedy, I have little doubt, is high on the thought of being the swing vote.
We need to win in 2008 without a doubt. And I can't shake the thought that the 4 "liberals" should simultaneously resign at the end of the '08-'09 term so that they can be replaced with younger justices. Of course, that would only crystallize our contemporary disputes for the next 20 years.
It's going to be difficult for us to get through this court.
June 28, 2007 10:10 AM | Reply | Permalink
What exactly was the problem President Bush had with "activist judges, legislating from the bench" again?
June 28, 2007 10:18 AM | Reply | Permalink
I find myself to be mostly beige, with pink and brown spots. Once there is an objective, measurable definition of race, let me know. Until then, I totally disagree with your interpretation of colorblindness, and will continue to consider colorblindness an excellent moral goal. As Dr. King put it, "I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character."
Think of this venue. Unless you have a picture on your bio, I have absolutely no way even to guess at your race. Even if there was such a picture, when I last checked the Bureau of the Census criteria, race was considered a subjective response of the person being surveyed.
A number of major medical journals are in the midst of controversy whether to continue race as a parameter in clinical studies, or whether objective genetic specifications may be more accurate. In some studies, "race" also may be a surrogate for socioeconomic status.
Official definition of race wasn't pretty in South Africa, the Third Reich, or the Confederacy. I can remember segregated public facilities, and newspaper advertisements for "white men, white women, colored men, and colored women". I see moving away from those labels as a real advantage.
If you want to talk about social improvement for the poor or for the less well educated, fine. I'm not going to fight for something that can't objectively be defined.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 10:43 AM | Reply | Permalink
I think you meant rolling things back to 1853 not 1953. I suggest reading Frederick Douglass, James Weldon Johnson and Charles W. Chesnutt for how things were in the "good old days". They are also wonderful authors.
A majority of whites think there is no serious discrimination in this country, while blacks think the opposite by a huge margin. I tend to think they know whereof they speak.
--- Policies not Politics
Daily Landscape
June 28, 2007 10:46 AM | Reply | Permalink
In fact, you should thank the American people twice, for they reelected Bush with full knowledge of his incompetence.
Sorry, but America, not Nader, deserves your scorn.
June 28, 2007 11:26 AM | Reply | Permalink
Howard, I don't believe defenses of racial preferences are based on a belief in the validity of race as a category, whether biological, moral, or otherwise. It's rather that without them the effects of racism will persist and thus an invalid category will be sustained.
John
http://www.haberarts.com/
June 28, 2007 11:27 AM | Reply | Permalink
Well, Howard, don't you think that if you were instead a deep shade of brown or black you might have a different opinion? Say if you were never called back after a job interview, or not shown houses in the best part of town by a real estate agent, or denied a decent rate on a mortgage by a bank, or you were unable to get to a decent hardware store because there just aren't any in 'your' part of town?
The fact is that Dr. King's dream is still that for many good people who don't deserve to be segregated in our society.
June 28, 2007 11:32 AM | Reply | Permalink
My beige spots might be darker than you think. I repeat: until I have an objective definition of "race", I'm not going to discriminate by it. Classifying by race to avoid discrimination by race is, to me, Orwellian and I won't play by those rules.
Try something more objective than "Well, Howard, don't you think that if you were instead a deep shade of brown or black you might have a different opinion?", and I might have a different response.
Of course there is discrimination for all sorts of reasons. There are those that will discriminate against anyone who is not a lawyer. There are those that discriminate because people are union members, and others that discriminate because people are not union members. Those factors are measurable.
I, personally, commit to treating each person as an individual, and I will not play subjective games for the injured group du jour.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 11:39 AM | Reply | Permalink
Yes. nbo is correct--America produced Roberts and Scalia, Nader didn't. And don't forget the congressional Dems who helped put Roberts and Scalia on the Court with nary a whimper.
I voted for Nader and contributed to him because he was the only candidate that represented my views, and if he runs again I might do the same. This is a democracy, isn't it? Isn't that the idea that is America? Or must we only vote in ways that are acceptable.
June 28, 2007 11:40 AM | Reply | Permalink
So you are saying that to avoid categorizing people by a subjective criterion, they must be categorized by subjective criteria to avoid discriminating due to said subjective criterion?
When I am asked for my race, I respond either "human" or "I don't know." As far as I know, people belong to one species. I am going to treat all people as belonging to that species.
I suppose I'm discriminated against because no one in the National Football League will let me try out as a quarterback. There is, however, objectivity in that discrimination.
No, subjective discrimination, of which "racism" is one type, isn't going to go away quickly. My own commitment is to be oblivious to genetics and lifestyle choices that are irrelevant to the matter at hand. In like manner, I detest hate crime legislation, as something equivalent to Orwell's thoughtcrime. My commitment is what is moral to me; I can do nothing else.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 11:46 AM | Reply | Permalink
The Democrats' failures over the last 10+ years has to do with a lot more than just Ralph Nader.
"Thank God George Bush is our president." -Rudy Giuliani
June 28, 2007 11:55 AM | Reply | Permalink
This is a democracy, yes, but not the kind that grows in a petri dish. Votes have real consequences.
I'm not going to condemn anyone for voting for Nader. Indeed, that would be hypocritical on my part since I voted for Barry Commoner in 1980 (because Carter was too conservative for me back then), and thereby probably helped to ensure the election of Ronald Reagan. I wish I were able to go back in time and vote for Carter but of course life doesn't work that way.
In any event, back to real consequences: Nader votes ensured the election of George Bush in 2000, and George Bush has given us a Supreme Court that we and our children will have to live with for decades.
June 28, 2007 11:56 AM | Reply | Permalink
There's the idea that is America, and the reality that is the American system of electing a president. And the reality is that in the 2000 election, a vote for Ralph Nader was a vote for George Bush. Only the naive or deluded would claim otherwise.
You're entitled to your vote. I would never argue otherwise. But you should also accept responsibility for the consequences of your vote. Nader voters are the ones who made possible what happened. You voted your values, and in the process contributed to making president the man who couldn't have been further from your values.
Vote how you must, but don't dare blame the consequences of your vote on others. Unless, of course, you're a member of the G.O.P. Blaming everyone else for their failures is what they do best.
June 28, 2007 11:58 AM | Reply | Permalink
Oh, good, yes, heap scorn on the American people. Not the piece of shit Nader, whose lying, destructiveist candidacy handed the presidency to the fascists.
Fuck you.
June 28, 2007 12:30 PM | Reply | Permalink
Oh, good, yes, heap scorn on the American people. Not the piece of shit Nader, whose lying, destructivist candidacy handed the presidency to the fascists.
Fuck you, you smug, self-serving asshole. I bet nothing Bush has done has affected YOU, has it?
June 28, 2007 12:31 PM | Reply | Permalink
This court is capable of almost anything -- adverts for cigarettes on school buses as 'freedom of speech', ending the minimum wage as noted, crushing state environmental laws or federal whichever is effective. Just so the privileged win and everyone else loses. Scalia, alas, looks healthy enough for another decade at least. The only question is how far will Kennedy allow them to go, there are no limits for the others.
global citizen
June 28, 2007 12:32 PM | Reply | Permalink
Oh, good, yes, make your excuses, you numbnuts. It's all somebody else's fault, not the piece of shit Nader, whose lying, destructivist candidacy handed the presidency to the fascists.
Fuck you. I bet nothing Bush has domne has affected you personally, has it? Asshole...
June 28, 2007 12:33 PM | Reply | Permalink
Howard won't consider giving a leg up to "the injured group du jour" - by which he means African Americans.
Howard must be confusing himself with God, to whom scripture tells us "a day is like a thousand years". That "jour" goes back to Plessy v. Ferguson. It goes back to the Civil War. It goes back to Jefferson's plantation. It goes back to Jamestown.
But four hundred odd years of oppression and the struggle against it are a day, a triviality, a bagatelle, a passing fancy not worth wasting thought or breath over, to the admirably even-handed, remarkably long-lived Howard. He has eternity to waste. Justice delayed for a mere millenium or so? Can't possibly count as justice denied. Obviously, Frederick Douglass and Martin Luther King were "playing subjective games" over some metrosexual dabbling in some silly flash-in-the-pan fad, and Howard wants no part of it.
You're gonna love this court, Howard. Too bad they're going to be around, piling one mountain of injustice on another, for only three decades or so. To you, it'll feel like the blink of an eye.
June 28, 2007 12:41 PM | Reply | Permalink
Nobody's asking you to discriminate. They don't need to, you're already doing a fine job all by yourself. Black people are "the injured group du jour?" How about the injured group of the last 600 years? It's obvious that you are just using your so-called "color-blindness" as an rhetorical device to maintain your offensive and simple-minded prejudices.
June 28, 2007 12:42 PM | Reply | Permalink
Self-righteous posters like you make it exceedingly difficult to have real discussions on here.
I have a suggestion for you: read about 6 dozen postings by Howard over the past 18 months or so, and then tell us whether or not you think you jumped the gun in attacking his integrity. I look forward to your response.
I don't agree with Howard's position (I think the equal protection clause can and should be read to permit race-based considerations in the area of education), but I do understand his genuine concern about race-based governmental intervention. If you don't understand Howard's good faith concern then you are probably not someone who is worthy of engaging in debate.
June 28, 2007 12:57 PM | Reply | Permalink
Hey guys, I think you're taking a few too many nasty shots at Rosenberg here. In fact, my views on race or not much different from his. But his views and my views are besides the point.
The people who are really welcoming this decision have their own very specific views on race. They want to go back to the day when their views of race defined society.
This supreme court decision is a step in that direction.
June 28, 2007 12:58 PM | Reply | Permalink
Pigmentation impacts revascularization rates in people with severe coronary artery disease. These differences persist despite equivalence of income, insurance, and access to institutions performing revascularization procedures.
Darker pigmented females in certain ethnic groups have more aggressive forms of breast cancer than lighter pigmentated women of other ethnicities.
Genomics will not provide a full explanation of the differences in cancer aggressiveness. Proteinomics, is in it's infancy, but may provide a more complete answer regarding the underlying process in disease aggressiveness.
Answers to access to various therapies in different groups will require assessment of how those groups are categorized in society and interactions with health care providers.
"Race" will be with us for awhile longer despite the moe enlightened views of some memers of society.
June 28, 2007 1:02 PM | Reply | Permalink
It is also obvious you prefer to attack than discuss, and automatically condemn that which does not agree with your prejudgments.
That's not obvious, you say? Indeed. Many things are less obvious than they may seem to those who want simplistic answers. It's also easier to attack than think, as demonstrated by The Decider.
Incidentally, where did I refer to black people? I've never met a person who was black, although I'm proud to be considered extended family by a clan, from Sierra Leonean immigrant to second generation here, who include a lot of very strikingly attractive people with purplish-black skin.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 1:02 PM | Reply | Permalink
As a white ("What is white. I never saw a white person"), man ("what's a man. I'm a hu-man) of Jewish ("what's Jewish. I have a Jewish name but I am certainly not Jewish", Howard Berkowitz comes by his insensitivity to African-Americans and other oppressed minorities honestly.
He just has no empathy. He lives in a 1930's popular front dreamworld where we are all just Americans. There are no African Americans denied rights that he can see. Those Jews being tormented in Germany have nothing to do with him.
It's just Howard, all by himself, looking down at the poor dumb ethnics who think they have it bad.
June 28, 2007 1:15 PM | Reply | Permalink
Howard,
Even if it can't be objectively defined, do you agree that there are black people and white people?
Let's say for the sake of discussion that in the near future Dr. King's dream is realized. What would the make up of our society look like? Do you imagine that it would very nearly mirror the current socio-economic conditions that people find themselves in right now? Or would it be different?
June 28, 2007 1:19 PM | Reply | Permalink
Being naive and delusional, I will proudly continue to vote against Republicans whether they call themselves Democrats or Republicans. If Democrats want a Democrat in office, nominate one. It is just that simple.
Hey, would you like to tell us how much you would love to have Joe Lieberman president today since you seem to think the anti-choice, conservative alternative would be mighty fine? Would you take responsibility for that abomination? You sure we should be bombing Iran today?
Best, Terry
June 28, 2007 1:34 PM | Reply | Permalink
If I refuse to label someone from Eastasia or Eurasia, it's much harder to hate them without knowing them.
If that dream is realized, there would be true equal opportunity, which includes the opportunity to fail based on lack of competence or skill, rather than on pigmentation. It is well, before assuming everyone is going to be in idealized circumstances, to remember Lake Woebegon, where "where all the women are strong, all the men are good-looking, and all the children are above average".
Unfortunately, there is an evil conspiracy of people determined to show that half the population is inferior to the other half. They are called statisticians. -- Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 1:35 PM | Reply | Permalink
When I see someone in pain, I don't need to label them to take the appropriate measures to treat the pain. When I see someone who wants to learn some subject, the only label I might use is whether or not they have the requisite background.
No, if empathy means buying into self-pity due to labels, I am proud not to have any. If you wish to have a label, however, I would be happy to offer this one that says "self-righteous".
No, I'm not Jewish. I'm neopagan. As soon as you come up with some genotypes you want to test, provide a prepaid test requisition, signed by a physician, to the appropriate genetics laboratory.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 1:40 PM | Reply | Permalink
Basically -- yeah. Ironic, isn't it? But how else are we as a society going to walk back the effects of centuries of discriminatory treatment based on subjective categorizations if we as a society now insist on being completely blind to the fact of those categorizations?
I agree with you that there is no scientific basis for dividing people up along racial lines. And yet, in the real world, people do it all the time, and use it as a basis for treating other people -- individual people, and groups of people -- differently.
If schools are allowed -- forced, even -- to re-segregate because neighborhoods are still largely segregated, then we do indeed go back to the pre-1953 world. The Court in Brown was absolutely right: "Separate but equal" is always going to result in unequal treatment, at least as long as a society perceives race as a valid categorization.
I'd very much like to move into a world where there was no official notice paid to race. But I don't know how to do that without also dismantling any protection afforded to people who are treated unfairly because of race.
If you do, please tell us how we get there.
June 28, 2007 1:46 PM | Reply | Permalink
What "prejudgments" are obvious in my post? Did I attack you without making an argument? I did not. My argument is that you are a bigot, based in part on your statement: "I will not play subjective games for the injured group du jour."
If you weren't referring to black people, then just whom are you talking about? Indians? Latinos? Jews? Inuits?
Your pseudo-ingenous style isn't cute, it's just a smoke screen for lack of substance. "I've never met a black person." Sure. Well, everybody else has. Have you ever met a person whom everyone but you would identify as black, and identifies him- or herself as black? Do we really have to go through such gymnastics for you to face an issue?
And as for your snarky suggestion that I prefer "simplistic answers", it's actually you who refuse to see any shades of grey in this argument. "Anything but color blindness is bigotry," is your message, even quoting Dr. King as support for your argument that blacks and/or other minorities should not get preferential treatment in order to integrate schools. Why, you say, to do so is to run the risk of seeing the Nazis arise once again!
Well, Dr. King was talking about the country he WANTED to live in, not the country that exists. And we're not going to bring it about by pretending inequalities don't exist, and by avoiding doing something about them. Why do you think blacks score, on average, lower on IQ tests than whites? Should we just ignore this fact, or should we try to redress some of the unjust allocation of educational resources that created it? Do you disagree that it's a good thing for kids to be in schools that are ethnically diverse? Or do you disagree that even ARE different ethnic groups?
Or are issues like these just too tedious to contemplate for someone who's bored by the plight of the "injured group du jour?"
June 28, 2007 1:47 PM | Reply | Permalink
The technical term for that is bull hockey.
If my cousin O'bama (all us Irish are related) is to be harmed by one of you folks, you will find we are quite unhappy, especially if it is by a certain Republican lite that some folks think for some reason is a Democrat.
Perhaps you would like to detail what a black race or white race is? I don't think any educated person believes there is any such race.
Is an African-American born in Africa, a member of your black race? I can tell you for a fact that there are some folks in Chicago that would strongly disagree. What color is black blood? How much does it take to make one black?
Be mighty helpful if you defined your terms when throwing out unwarranted accusations but then that tells you how old I am and that my opinion doesn't matter much.
The court decision stunk to high heaven BTW but not for the reasons given here by most.
Best, Terry
June 28, 2007 1:49 PM | Reply | Permalink
No, I find your flailing about, spewing accusations, to be tedious.
Let me be explicit about what I intend to do as a matter of conscience. I really don't care about self-identification based on some subjective criterion. I can't control how someone self-identifies, nor can I necessarily keep track of the group identifications; some have a habit of splintering into subgroups.
If someone scores poorly on an IQ test, that is a start on objective measurement, given all the problems of IQ tests -- and I'm not talking about cultural bias but inherent design problems in the metrics. Such a score does mean that individual deserves further investigation, since IQ does demonstrably change with variants in the testing method, and with appropriate education. A person with dyslexia isn't going to score well on series completion, but may do perfectly well on a different abstract measurement of reasoning.
I haven't the slightest problem with reallocating educational resources to where they will do the most good. I just won't make that decision on assumptions about self-identification on things that are not measurable.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 1:56 PM | Reply | Permalink
Perhaps you would like to submit a paper that demonstrates this fairy tale. I hate to think where you might find such a journal.
Like Ashkenazi Jews for instance?
Are you sure it is only skin pigmentation that matters.
DNA does provide clues to race. You deny science at your peril.
Of course there are racial differences but they are not synonymous with skin pigmentation, not to mention racial admixture.
Popular prejudice is not the way to do medicine or science or court decisions.
Best, Terry
June 28, 2007 2:09 PM | Reply | Permalink
Howard,
If I go out on a date, and you ask me how it went, and I say, "It was a lot of fun. I've never been out with a black girl before." That sentence would have no content to you?
I don't think you answered my other question.
June 28, 2007 2:13 PM | Reply | Permalink
However, no one was ever enslaved for being a lawyer. And while union members have been treated very badly in some periods of this country's history, they have never been told by the United States Supreme Court that they had no rights under the Constitution that anti-unionists were bound to respect.
And of course, two other major diferences here are:
(1) I cannot look at your face or listen to your voice and make much better than a random guess as to whether or not you are a lawyer or a union menber.
(2) Being a lawyer or joining a union are choices that a person makes, and it's something that person can choose to change. You cannot choose what someone else sees as your race, and you have no power to change that.
You're right, race is not something that can be cleanly and scientifically measured. But that doesn't mean that people don't make judgements about it, and act on the basis of those judgements. Do we just shrug that off because we want to be too pure to make the statistical measurements that would show up unfair and disparate treatment?
If someone comes to a government office to complain that they are being treated unfairly as a result of their race, is the reply going to be, "I'm sorry, there is no such thing as race. Therefore, you cannot be descriminated against because of it"?
June 28, 2007 2:25 PM | Reply | Permalink
"Nader voters are the ones who made possible what happened."
The problem with this position is it assumes that Gore was entitled to all the votes of everyone left of center, and that Nader voters betrayed Gore and elected Bush by voting for someone other than Gore.
But nobody's entitled to anyone's vote. I really like Gore now, but Gore in 2000 ran a hard-right campaign, repudiating the Democrats' traditional commitment to universal healthcare, agitating for Elian Gonzales to be pried from his father's custody and to stay with his right-wing distant relatives in Miami, repudiating his own longstanding concerns about global warming, etc.
All Gore needed to do is make the sale to Nader voters. He didn't. So they didn't vote for him. That's Gore's fault, not the voters.
Look, if the Democratic Party feels that the way to win election is to nominate ultraconservative reactionary Southerners full of phony piety and toughness, that's their right. But what they don't have a right to is the votes of rational people on the left side of the political spectrum while they do that.
June 28, 2007 2:25 PM | Reply | Permalink
"If you don't understand Howard's good faith concern then you are probably not someone who is worthy of engaging in debate."
What a pompous statement! This guy you're defending is way too cute. I don't think he is exhibiting a "good faith concern" about people who suffer from bigotry and prejudice and their aftereffects in our society. And I don't think he exhibits good faith in his argumentation either. He lays claim to being so beyond the stain of prejudice that he is (or perhaps just feels he ought to be) incapable of even distinguishing between people of different races. He rejects the very idea of race, and since nobody else does, this winds up being just a convenient way of ignoring racial injustice.
His "concern over race-based government intervention" that you say we should take seriously is such a stretch that it's hard to take it as genuine. Is he concerned about the government's "age-based intervention", when it prevents kids from dropping out of school before they're 16? Is he concerned that mandatory education for the young might well lead to mandatory euthanasia for the old and infirm?
That makes just as much sense as mandatory school desegregation leading to extermination camps.
Sorry. This guy's level of argument may be excused as idealistic, but it's utterly juvenile and ultimately just annoying without being enlightening. It's all about him and his idiosyncratic view of the world, and not about the issues.
June 28, 2007 2:34 PM | Reply | Permalink
"but Gore in 2000 ran a hard-right campaign"
He certainly did not run a "hard right" campaign. He ran a centrist campaign (way too centrist for me) but he was running against a rightwinger with no qualifications for office. Although I do not oppose 3rd party campaigns in principle, a pure vanity campaign where one knows that winning is impossible and clearly will defeat the better candidate demonstrates an utter lack of concern for the country.
Nader may be alot of things. But he is no patriot. The worst thing about him (see the movie) is that he seems genuinely proud to have defeated Gore, despite everything that has happened since 2000.
June 28, 2007 2:35 PM | Reply | Permalink
I don't know, MJ. I'm pretty paranoid and I had no trouble imagining this long before it actually happened.
June 28, 2007 2:36 PM | Reply | Permalink
If we use this reasoning Israel should not exist either? Afterall, To avoid categorizing and persecution of people by a subjective criterion we need NOT give them a country based on subjective criteria to avoid persecuting them due to said subjective criterion.
To even suggest such is absurd. It means you are totally dissociating a group of people from their history. You are seeking to ignore the horrific brutality and tribulations that society meted out on them based on that said subjective criteria in order not to own up to any obligation to rectify those wrongs based on the subjective criteria you wielded to terrorirze an entire group society categorized, demeaned and abuse based on the very criteria you now want to render obsolete if they are to benefit from those subjective criteria. What hypocrisy.
This is sheer arrogance and bigotry what Roberts has said. If we use his rationale veterans should not recieve benefits based on them fighting in a war. The disabled should not receive benefits based on them being handicapped. The poor should not receive benefits based on being poor, either. No group should benefit from any subjective criteria as that is discriminatory to all individuals not 'of' those groups.
This ruling is horeshit.
June 28, 2007 2:40 PM | Reply | Permalink
Not necessarily. Look at Justice Clarence Thomas. If he at all acknowledged his own race, this ruling would not have come down.
June 28, 2007 2:42 PM | Reply | Permalink
Best HC Berkowitz quote: "Incidentally, where did I refer to black people? I've never met a person who was black, although I'm proud to be considered extended family by a clan, from Sierra Leonean immigrant to second generation here, who include a lot of very strikingly attractive people with purplish-black skin."
It strikes me that HC must be quite advanced in years. No one who grew up any time after the 1960's talks that way. Such precious condescending racist crap.
By the way, there is a specifically Jewish genetic identity. Being a Jew is not some imaginary concept. Nor is being African-American or anything else. The greatness of America is that we are multi-racial, multi-ethnic, etc, and not one of those racial based nationalities. HC's denial of his Jewish background coupled with his racist
way of talking about black people suggests that he is obsessed with race, and not in a good way.
"I'm proud to be considered extended family by a clan, from Sierra Leonean immigrant to second generation here, who include a lot of very strikingly attractive people with purplish-black skin."
Strikingly attractive, no less! And that is tough when you have purple skin.
June 28, 2007 2:44 PM | Reply | Permalink
Jewish "genes"
http://www.aish.com/societywork/sciencenature/Jewish_Genes.asp
June 28, 2007 2:45 PM | Reply | Permalink
Okay, well I'll ignore your insults, and apparently you aren't unwilling to reallocate educational resources to minorities as along as we don't CALL them minorities, or don't identify them, or let them identify themselves, in some other convenient way (or something)...
But I still want to know to whom you were referring when you referred to "the injured group du jour?"
June 28, 2007 2:46 PM | Reply | Permalink
Ideally we shouldn't use race as a factor,....but the reality is that we live in a society that needs to be on the same page,...a good way to do that is to have as much diversity in each school so that our cultures intermingle and start to understand and be comfortable with race and class. It has every bit to do with poverty in this country,....education and poverty are linked. The majority of african americans aren't as economically advantaged as caucasians because it takes generations to bring families up from poverty. It's sad that our highest court members give rulings that give a message that there is no race/poverty problem in America. Colored people are under priviliged in a general sense because that is our history. Historically they're weren't given the opportunities to be doctors/lawyers etc,etc. We are not yet equal in opportunity although we can give plenty of examples that say we are. We can also give plenty of example where discrimination exists,...therefore I think it's worth forcing that diversity because it makes us all better Americans.
June 28, 2007 2:47 PM | Reply | Permalink
I won't deny that. But it's also true that had Nader's name not been on the ballot, George W. Bush would not have won the 2000 election. Nader's decision to run, and the decisions made by his supporters to vote principle over practicality, had the effect of installing a right-wing government.
This is a winner-take-all system that is not necessarily majoritarian, and you need to take that into account when you are deciding how to cast your vote.
June 28, 2007 2:48 PM | Reply | Permalink
Jeff, you were right. I'm usually quite paranoid but I dropped the ball in 2000. I never imagined anything this bad!
June 28, 2007 2:50 PM | Reply | Permalink
Pompous! That's about the nicest thing I've ever been labelled on here. Thanks.
But the fact is that you have no idea what's in Howard's heart, and I will give him and even you the benefit of the doubt on that score.
June 28, 2007 2:54 PM | Reply | Permalink
Same here Jeff. Once I learned that Roberts was the Appellate judge who upheld the DC cops physically removing, handcuffing and jailing a black twelve year old for eating french fries on the subway. I knew he should not be on the Supreme Court.
June 28, 2007 2:55 PM | Reply | Permalink
The "Browning" of America will accomplish that. Open up the borders to all the brown peoples of the world!!
June 28, 2007 2:57 PM | Reply | Permalink
Regarding revascularization rates
Popescu, I. The Journal of the American Medical Association, June 13, 2007; vol 297: pp 2489-2495.
Popescu and colleagues found that compared with white patients:
* When treated at hospitals that provide angioplasty and bypass surgery, African-American heart attack patients receive these services less often (34% vs. 50%).
* When treated at hospitals that do not provide these specialized heart services, African-American heart attack patients are less likely to be transferred to a hospital that does provide them (25% vs. 31%).
* "Even after transfer to a hospital that provided them, African-American patients were less likely to receive these services," Popescu says.
* While African-American heart attack patients are less likely to die in the month after their heart attack -- possibly due to the short-term risk posed by the procedures -- they are more likely to die within a year of their heart attack (37% vs. 33%).
"Unfortunately, the differences we found were not small," said the lead investigator
A reviewer of the study for the website WebMD
"This study tells us there is a difference in quality of care for heart attack -- and it leads to a mortality difference," Giselle Corbie-Smith, MD, tells WebMD. Corbie-Smith, director of the program on health disparities at the University of North Carolina Sheps Center for Health Services Research, was not involved in the Popescu study.
"What I like about this study is it gives another point of discussion for patients to have with their doctors," she says. "I see it as another opportunity for people to have more open discussions with their doctors."
The study could lead to better patient-physician discussion.
-----
Regarding genomics. Please read that I said genomics may not provide the FULL answer. The genome is a blueprint. The proteins are the building materials. A bad genome does not mean a bad outcome. That bad outcome could be determined by the proteins (enzymes, tumor fighting proteins, etc produced). I'm still fully science based.
June 28, 2007 3:01 PM | Reply | Permalink
don't more people see this decision as another right wing attack on public schools? if schools remain segregated and poor neighboorhoods have poor teaching and poor discipline, conservatives will have more firepower to argue for vouchers and "school choice" for those who can afford it. who is left behind? poor families who don't have enough income to afford private school with the supplemental voucher cash. (unless someone subsidizes certain private schools)
secondly:
please no one argue that as Roberts puts it, not discriminating against discriminators levels the playing field.
and Thomas' "the constitution is color blind"....talk about red herrings. does that mean congress AND THE COURTS don't redress injustice? I suppose because the constitution doesn't mention gender that women shouldn't have the vote. what nonsense these "strict constructionists" spout.
connski
June 28, 2007 3:01 PM | Reply | Permalink
I think your reply was meant for Howard, not for me, but I am compelled to answer anyway.
I don't think "subjective" means what you seem to think it means. Whether or not someone is a war veteran is most certainly not a subjective judgement -- it can be determined objectively by examining the person's military record. Disability may be a little harder to determine, but it, too, is largely objective, based on fixed medical criteria. Where to draw the line that establishes poverty is open to debate, but once the line is drawn, it's not a subjective judgement which side of the line any given individual falls on.
You're being unfair to Howard, who is really a very decent guy. You're throwing up all sorts of straw men and arguing against things he never said. I don't entirely agree with his take on what amounts to affirmative action, but I do understand, and have some sympathy with, his argument. It is rather Orwellian to try to fight the effects of judgements based on race by making judgements based on race. I dont' like doing it -- I just don't know how else to address the problem.
June 28, 2007 3:11 PM | Reply | Permalink
Perhaps someone can explain some of this decision to me. Kennedy apparently supported the decision to overturn the Louisville and Seattle racial integration plans....but still said that race could be a consideration. It seems it's a 5-4 decision to get rid of these two plans; but also 5-4 to allow school districts to use race as a criteria.
What Kennedy apparently did not like about the two plans was the "binary" racial categories--that is, blacks and then everyone else.
Is this an assault on Brown because it seems the justices want more than a binary racial classification which I think Brown created? Is making diversity more than just blacks and everyone else a poor or a bad goal?
I'm also a bit troubled that the Seattle case apparently involved a teenager who had played cello in her school's orchestra and was being transferred to a school without an orchestra in order to meet the district's binary racial percentages. The Louisville case was apparently a 5-year-old kindergartner who was going to be schlepped past his neighborhood school and bused some distance away to meet the district's binary racial percentages.
I havent' given the races on these two children, but would it not disturb us that either of these cases would occur to any child, no matter what their race?
June 28, 2007 3:13 PM | Reply | Permalink
Age is not a subjective criterion. It can be objectively established whether or not someone is over the age of 16.
I'm sorry, I don't see the logic of that at all. How does one thing follow from the other? And how is it at all related to Howard's argument?
June 28, 2007 3:20 PM | Reply | Permalink
I'm not sure it's worth bothering with this guy. He's expressing some childish, self-involved "idealism" that's impervious to rational argument and real world experience. You feel like taking him on the subway to 125th and Lenox Avenue and telling him, "Look! THESE are black people!" Or maybe just turning the cable box to BET.
It's reminiscent of the conversation Dr. Johnson had when told of Berkeley's logical proof that there was no such thing as physical reality, and that the universe could only be understood as a creation of the human mind. Johnson, on a stroll through the countryside, paused and said that Berkeley's so-called proof was easy to refute. "How can you refute it?" he was asked. Johnson replied, "I refute it thus," and kicked a boulder next to him.
But of course whether the universe is real or not doesn't really "matter." (sorry). But prejudice based on race and ethnicity ARE real and affect millions. So it's really kind of offensive when somebody claims that racial and ethnic prejudices should be ignored because "there's no such thing as race."
June 28, 2007 3:30 PM | Reply | Permalink
If it helps any, there's a Medtronics 700 series DDD pacemaker in it, along with assorted plumbing repairs.
Seriously -- well, cardiology is serious,but you know what I mean -- I'm fascinated by the vitriol that my comments generated, as well as the presumption that my beliefs must be in a certain pattern. Why, I see my motivations being glibly explained by people judging by a couple of posts. Perhaps it's me, but I don't see a lot of difference between judging someone by some reasonably courteous words, and judging someone to be in a certain protected category due to pigmentation (as opposed to genotype) or their apparent gender (without a pelvic or chromosomal exam). It's apparently OK, however, to generalize due to someone's religion, or perceived ethnicity.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 3:34 PM | Reply | Permalink
I am making the point that self-perceived injured groups are constantly changing. There are groups that experience discrimination, such as GLBT, but they aren't in the focus of the moment. I had transgendered people in mind when I mentioned not really knowing someone's identity without medical examination.
Do you understand that the whole point of saying injured group du jour is that I was not referring to any specific identification?
Why is it somehow OK with you for me to be willing to reallocate educational resources to people who measurably need remedial education, but questionable because I don't call them by a group label? What's wrong with giving anyone, of any color, ethnicity, or whatever, a reading test, and if they have trouble with it, getting them additional education? Why does minority status have to get involved? -- Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 3:41 PM | Reply | Permalink
MJ,
From what I've read and heard, this isn't just the worst decision since Plessy v Ferguson: it is an invitation to return to Plessy v Ferguson!
This is the opening salvo of a new round of white leaders signaling to the larger white population that it is okay not to care anymore about what happens to black people as we have seen before in our history. It is always the lust and greed for power and the insistence on getting their way despite every sensible observation that sinks the right wing's hopes and dreams for a return to the middle ages or worse. In a weird way, their perfidy bodes well for the future, not ill.
Each and every time such a reactionary move is made it inevitably produces a much bigger, more potent and long lasting swing of the pendulum in the opposite direction. Over the past 50+ years since a courageous court ordered the nation to integrate public schools, phenomenal progress in that direction has been made. That progress cannot simply be rolled back because a few uptight, repressed and hateful old men on the Supreme Court want to turn back the clock. Once again, I predict that we will see that the people are far more intelligent than the leaders of this reactionary attempt to reestablish greater inequality. The people understand that progress has been made and they will not be willing to go back to the bad old days because they understand we are all better off as a result of the forced integration undergone since Brown v Board of Ed.
Whenever ideology and tortured logic have been used to twist the justice system against the expansion of equality, it always ends badly for those who tried it as we learned after far too long in the Plessy case. It may take a while, but I don't think it will take as long as it has in the past. As a people we have learned much that cannot simply be wiped away by five fools. America is a conservative nation in many ways, but it is the liberal parts of the tradition that endure and set the tone for our society, not the ossified and atrophied thinking of those who fear an uncertain future and who deep down do not wish to see the dreams of the founders eventually fulfilled. Unwittingly, the bigots and racists like Roberts, Alito, Scalia and their Porter Thomas perform the work of the founders anyway by trying to hold back an irresistable force: the demand for true equality. It simply cannot be done.
People should not despair, but should get angry and use that energy to go out and fight the right with every ounce of their being on behalf, not of ourselves or the current generation, but on behalf of posterity as the founders made clear they were doing when they wrote the Constitution. They did it for us and for generations yet to come. The great Frenchman Toqueville's work, Democracy in America, is predicated on the notion that we live in an age of ever increasing equality and you cannot resist it's progressive march.
So, let's condemn them at every opportunity. Let's use their putrid and infected attempt to reverse human progress against them with a vengance the likes of which they have never seen.
The fascist Roberts, Alito, Scalia junta on the court will be found, over the course of time, to have actually been tightening the noose on the extremist, un-American agenda they wish to advance by this decision and the other foolish contrivances of theirs that are not based in law, but in their warped ideology. Things political in America are rarely what they seem when it has taken so much corruption and dishonesty to put them in the positions of power they now so openly abuse. They want people to think they are strong, but they are very weak indeed. That is why they are making these desperate and extremist moves now: they have no confidence that they will remain in power and they are right. Their very actions will ensure the right is ousted from power for a generation or more.
June 28, 2007 3:42 PM | Reply | Permalink
So, Hitler didn't kill any "Jews," just several million people he randomly labeled as "Jews," or labeled themselves as "Jews." And all these holocaust memorials and museums are just expressions of self-pity by self-righteous descendants of these random people who called themselves Jews, or who Hitler labelled as Jews at random. After all, over 50 million people were killed in World war II. Why should these self-labeled "Jews" single themselves out as victims deserving of special remembrance?
I'm sure you're glad that you're not wasting your empathy on these "Jews." That would be "buying into self-pity due to labels", wouldn't it?
June 28, 2007 3:44 PM | Reply | Permalink
If Gore hadn't adopted DLC mush for values and had run with a strong environmental platform and given people something to get excited about maybe a lot more people wouldn't have slept through the election
Republicans win by pandering to racists. The least the Democrats could do is welcome liberals in the party instead of trying to insult us out of it.
If I vote for the Democrat in 2008 it will be out of desperation, not conviction. Conviction turns out more voters.
June 28, 2007 3:50 PM | Reply | Permalink
The sentence "It was a lot of fun. I've never been out with a $FOO girl before" has rather little meaning for $FOO = blonde, as only her hairdresser knows for sure. For someone of a comparable educational level, no, $FOO = black doesn't have much significance to me. "black" isn't synonymous with "African", as there were different social customs with my immigrant friends from Sierra Leone. Apparently, it had a lot of content to them when I went into the kitchen and started my mad chef routine, since men just didn't do that -- but I couldn't stand to watch one of the teenagers being equally likely to cut her wrist or the tomatoes.
Now, it perhaps made more content when I went to dinner with my Swedish friend Pia, who explained to me that one of the most puzzling things she encountered in the US was the idea of a "date". She told me that it's perfectly common for single Swedes to meet for dinner, and even mutually decide to have sex, but the idea that the man takes out the woman was alien.
Pia speaks perfect English (and, depressingly, about 8-10 languages perfectly or at least professionally, and about the same number at lesser proficiencies). $FOO might have been somewhat more significant with my friend Izumi, whose English is not perfect, but still better than my extremely limited Japanese. We had a great time, when we got stuck on a word, of acting it out, drawing pictures on a napkin, or whatever.
I knew Marion Barry when he was still effective, and supported him politically because, in 1971 or so, he was the best man for the job. He only started playing a race card later in his career.
I apologize, but I seem to have missed your other question.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 3:51 PM | Reply | Permalink
The sentence "It was a lot of fun. I've never been out with a $FOO girl before" has rather little meaning for $FOO = blonde, as only her hairdresser knows for sure. For someone of a comparable educational level, no, $FOO = black doesn't have much significance to me. "black" isn't synonymous with "African", as there were different social customs with my immigrant friends from Sierra Leone. Apparently, it had a lot of content to them when I went into the kitchen and started my mad chef routine, since men just didn't do that -- but I couldn't stand to watch one of the teenagers being equally likely to cut her wrist or the tomatoes.
Now, it perhaps made more content when I went to dinner with my Swedish friend Pia, who explained to me that one of the most puzzling things she encountered in the US was the idea of a "date". She told me that it's perfectly common for single Swedes to meet for dinner, and even mutually decide to have sex, but the idea that the man takes out the woman was alien.
Pia speaks perfect English (and, depressingly, about 8-10 languages perfectly or at least professionally, and about the same number at lesser proficiencies). $FOO might have been somewhat more significant with my friend Izumi, whose English is not perfect, but still better than my extremely limited Japanese. We had a great time, when we got stuck on a word, of acting it out, drawing pictures on a napkin, or whatever.
I knew Marion Barry when he was still effective, and supported him politically because, in 1971 or so, he was the best man for the job. He only started playing a race card later in his career.
I apologize, but I seem to have missed your other question.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 3:52 PM | Reply | Permalink
With all due respect, I think the meaning you have chosen for subjective is far too narrow. The use of the word subjective need not preclude objective measures, rather subjective could have a much broader connotation in that the society views that a veteran warrants benefits. Just as a boss promotes one person over another based on his sole subjective opinion independent of all the objective measures that may or may not exceed another employee.
The society is making a highly subjective value judgment just as they do on the basis of race. Whether someone can prove they have been to war is not the issue. No one can prove they belong to any race as Howard as asserted. Rather, race and racism is highly subjective. Ergo, anything that the society subjectively values or devalues reaps benefits and rewards orr merits reprimand and penalties, respectively.
Thus it is highly subjective that white skin in this society reaps benefits and rewards. Whites are advantaged and white membership has its privileges The same holds true for veterans, handicapp, poor and aged in this society. The value they hold and/or prejudice they endure is entirely subjective.
Please do not make accusations you cannot substantiate. Howard is a big boy if he wants he can respond himself. Simply because you do not comprehend an argument does not make it a straw man. Broaden your perspective so that it encompasses a more diverse thought pattern.
No it is complete hypocrisy to think you can dissociate the history of this country from the discrimination it wields. This is not about eliminating discrimation. It is about redressing wrongs that were perpetrated on a group of people for over twelve generations in this country. For Howard to speak to there not being race, race was defined by law as one drop of black blood so there is an OBJECTIVE criteria.
Perhaps, Robert could use this total BS on the court but it does not fly in reality. What he did was shift the focus to judgements vs. the effects. We can not legislate the judgement of people what we can legislate agaisnt is the IMPACT of those judgements and that is where Roberts arguments fail. It is the impact that is discriminatory. The judgement that being white is advantaged and has privledges is not altered by this ruling. Only the disadvantaged judgments are now secure in knowing there will be no consequences for their race based decisions.
June 28, 2007 3:52 PM | Reply | Permalink
Gore could have courted the Nader voters. Instead he wasted time buying into a "centrism" that didn't win him one state he wouldn't have won if he'd run further to the left.
June 28, 2007 3:52 PM | Reply | Permalink
>> But he is no patriot
Come on, now ! Do you need to talk like Sean Hannity?
Impugning Nader's patriotism is cheap and
intellectually lazy.
I never voted for the guy, but this kind of rightwing smear is childish. Nader has done as much in living memory to make America a more liveable place as just about anyone I can think of. Isn't that patriotic enough for you?
Many other 3rd party candidates got more votes in Florida than Bush's margin of victory, so why don't you go and blame them, too?
Why not?
Nader had progressive ideas that were represented in neither of the 2 major parties, and so he ran. That's how it works in a democracy. If you don't like it, change the constitution. Don't ask people not to run!
Because if you start asking people not to run, then it's a short step from asking people not to vote...
June 28, 2007 3:56 PM | Reply | Permalink
Oh, both parties would like nothing better than controlling who votes and they'd be perfectly content if 99% of us stayed home as long as they could control the other 1%.
June 28, 2007 4:00 PM | Reply | Permalink
I think I see where some confusion is seeping in. Correct me if I misunderstand, but when you speak of revascularization, you are talking about the nature and availability of PTCA/CABG. You speak of an especially strong difference in emergent revascularization following myocardial infarction.
As far as I can tell, you are not talking of the results of a procedure when someone gets the procedure. My initial and apparently incorrect reading was that you were talking about something like a rate of reocclusion following a revascularization procedure. If there was a different rate, it sounded like that after correcting for genetics, diet, body mass index, etc., there was an unexplained pathological difference that correlated only with "race".
Did the article correlate insurance coverage and socioeconomic status with the likelihood of the intervention?
As far as my own interventions, you might be amused that I had both good and bad genetics. On the bad side, I was hypertensive by about 30 and had a first anginal episode at 39. My father, at the same age, was in chronic heart failure, but he had not had the hypertension treatment I had had -- it didn't exist then.
After two PTCAs and a CABG, my cardiac function was getting worse, until I got into intensive medical management as part of a study at NIH. Over about 10 years, my ejection fraction rose from 35 to 65 percent, and my left ventricular hypertrophy disappeared. They concluded that I do have the right genetics for my cardiac capillaries to enlarge (angiogenesis, more or less) and do a "self-bypass".
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 4:00 PM | Reply | Permalink
Background, eh?
I happen to be adopted. While I knew my birth family, I was not born with the surname Berkowitz. Great analysis.
Rating based on choice of language. I guess people who grew up after the 60s think it's a reasonable approach to dialogue to label comments crap and then accuse of racism.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
June 28, 2007 4:03 PM | Reply | Permalink
I wonder if the terms objectivity and subjectivity really capture what a proper critique of race is really all about. The idea that racial categorization can be rooted in biological science has been discredited. Does that mean that racial distinctions are always purely "subjective?" Usually I take this term to mean that the distinction is purely personal or totally open to debate. And yet, individuals in our society are able to apply the terms "black," "white," "Latino," etc., consistently to most of the people they interact with on a daily basis.
The problem with racial categories is not that they are inherently subjective, it is that they are arbitrary. The assumption behind racism is wrong; humanity is not neatly divided into different biological groups, each one possessing its own unique characteristics. Thus, the distinctions we attempt to draw break down at the borders (and this is where they may actually become "subjective"). Attempting to apply them may at times border on the absurd.
So we do have "objective" standards of racial identification (otherwise how would we share them?), although, not being rooted in human biology, they cannot possibly classify every human individual. Our problem is how to eliminate social discrimination based on these standards. One solution would be to eliminate the standards entirely. But that is not necessarily the only, or the best, or the most practical solution.
June 28, 2007 4:07 PM | Reply | Permalink
For what it's worth, I wasn't talking about what it meant to all your friends, but what it meant to you.
You say it wouldn'