Jessica 🏳️🌈 🇺🇦 🌶🧋 on Nostr: Just saw someone suggest the Biden administration simply ignore #SCOTUS' rulings from ...
Just saw someone suggest the Biden administration simply ignore #SCOTUS' rulings from yesterday. Philosophically, it might be time. The enforcement mechanisms are mostly norms.* SCOTUS broke 'em first. I welcome opinions from real ConLaw scholars, of course.
The practicalities seem to make most sense re: student #loans. Just send the money anyway.
However re: #admissions, the 'support' of the administration is not worth enough for colleges to deal with the lawsuits from mediocre white students. Lower courts are simply going to apply SCOTUS' ruling.
Slightly more complicated, if we indicate we're going to send the DOJ against businesses that discriminate... 1. the status of #LGBTQ people as a protected class is not clear (nor is the status of the concept of 'protected class' at all, given this Court). 2. Again, we now have an extant high court ruling, and that's it for most lower courts, understandably.
*Though one does hate to follow Andrew Jackson in anything.
The practicalities seem to make most sense re: student #loans. Just send the money anyway.
However re: #admissions, the 'support' of the administration is not worth enough for colleges to deal with the lawsuits from mediocre white students. Lower courts are simply going to apply SCOTUS' ruling.
Slightly more complicated, if we indicate we're going to send the DOJ against businesses that discriminate... 1. the status of #LGBTQ people as a protected class is not clear (nor is the status of the concept of 'protected class' at all, given this Court). 2. Again, we now have an extant high court ruling, and that's it for most lower courts, understandably.
*Though one does hate to follow Andrew Jackson in anything.