Tag: decision
Supreme Court Upholds Race-Based College Admissions Program

Supreme Court Upholds Race-Based College Admissions Program

The U.S. Supreme Court on Thursday upheld the practice of considering race in college admissions, rejecting a white woman’s challenge to a University of Texas affirmative action program designed to boost the enrollment of minority students.

The court, in a 4-3 ruling written by Justice Anthony Kennedy, decided in favor of the university in turning aside the conservative challenge to the policy, meaning a 2014 appeals court ruling that backed the admissions program was left intact.

The Supreme Court was weighing for the second time a challenge to the admissions system used by the University of Texas at Austin brought by Abigail Fisher, who was denied entry to the school for the autumn of 2008.

Affirmative action is a policy under which racial minorities historically subject to discrimination are given certain preferences in education and employment.

Fisher said the university denied her admission in favor of lesser-qualified black and Hispanic applicants. She maintained that the program violated the U.S. Constitution’s guarantee of equal protection under the law.

Kennedy said that “considerable deference” is owed to universities when they are seeking to determine student diversity. He said that “it remains an enduring challenge to our nation’s education system to reconcile the pursuit of diversity with the constitutional promise of equal treatment and dignity.”

But in the Texas case, the challengers had failed to show that the university could have met its needs via another process, he said. Kennedy noted that the university “tried and failed to increase diversity” through other race-neutral means.

The university has disputed whether Fisher would have gained admission under any circumstances. University officials contend that having a sizable number of minorities enrolled exposes students to varied perspectives and enhances the educational experience for all students.

The high court upheld a July 2014 ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals in favor of the university. That court endorsed the school’s “limited use of race in its search for holistic diversity.”

President Barack Obama’s administration backed the university in the dispute.

The university admits most freshmen through a program that guarantees admission to students in the top 10 percent of their Texas high school graduating classes. It uses other factors including race to admit the remainder. Fisher was not in the top 10 percent of her high school class.

The high court had considered Fisher’s case once before. In June 2013, it did not directly rule on the program’s constitutionality but ordered the appeals court to scrutinize it more closely.

‘SOMETHING STRANGE’

Writing in dissent, Justice Samuel Alito contended that the court’s majority had turned its back on principles from the first Fisher ruling, which he said required judges to give more scrutiny to racial admissions and defer less to university officials, and he opened his dissent remarking, “Something strange has happened since our prior decision in this case.”

“Here, UT (the University of Texas) has failed to define its interest in using racial preferences with clarity. As a result, the narrow tailoring inquiry is impossible, and UT cannot satisfy strict scrutiny,” Alito added.

Alito added that while the university’s stated goals are laudable, “they are not concrete or precise, and they offer no limiting principle for the use of racial preferences. For instance, how will a court ever be able to determine whether stereotypes have adequately been destroyed? Or whether cross-racial understanding has been adequately achieved?”

While the university’s program has resulted in a measure of racial and ethnic diversity, the percentage of black and Hispanic students on campus still remains lower than in the state’s overall population.

Fisher, now 26, graduated from her second choice college, Louisiana State University, and now works as a financial analyst in Austin. Fisher said she has stayed in the case to help others in similar positions.

“I am disappointed that the Supreme Court has ruled that students applying to the University of Texas can be treated differently because of their race or ethnicity. I hope that the nation will one day move beyond affirmative action,” Fisher said in a statement.

Edward Blum, a conservative activist who engineered Fisher’s challenge, said that racial classifications and preferences are among the most polarizing policies in America today.

“As long as universities like the University of Texas continue to treat applicants differently by race and ethnicity, the social fabric that holds us together as a nation will be weakened. Today’s decision is a sad step backward for the original, colorblind principles to our civil rights laws,” added Blum, the president of the conservative Project on Fair Representation.

 

Photo: University of Texas President Gregory Fenves speaks outside the U.S. Supreme Court in Washington December 9, 2015. REUTERS/Kevin Lamarque 

Ferguson: Burned Buildings, 61 Arrests In Wake Of Grand Jury Decision

Ferguson: Burned Buildings, 61 Arrests In Wake Of Grand Jury Decision

By James Queally, Cathleen Decker, Lauren Raab and Matt Pearce, Los Angeles Times (TNS)

FERGUSON, Mo. — At least a dozen buildings were burned and 61 people arrested during a night of violence and chaos in Ferguson, Mo., that followed a grand jury’s decision not to indict a white police officer in the killing of an unarmed black man, police said early Tuesday.

St. Louis County Police Department officials said those arrested could face charges of arson, burglary, possession of stolen property, unlawful possession of a firearm, and unlawful assembly. Only nine of those taken into custody were from Ferguson, authorities said.

During an early morning news conference held while flames still rose from some cars and buildings in Ferguson, St. Louis County Police Chief Jon Belmar said Monday night’s unrest exceeded what happened in the days after Ferguson Police Officer Darren Wilson killed Michael Brown on Aug. 9.

Belmar told a news briefing that he heard about 150 gunshots during the night.
“I’m disappointed in this evening. … I didn’t see a lot of peaceful protests out there tonight,” he said.

Police were pelted with rocks and batteries as soon as the St. Louis County grand jury’s decision was announced, he said. Two police cars were set afire and “melted” on West Florissant Avenue, the scene of many protests, and at least a dozen buildings were torched, he said.

As day began to break, police still had no accurate count of the damage or the losses.

“What I’ve seen tonight is probably much worse than the worst night we had in August,” Belmar said. “There’s not a lot left” on a section of West Florissant ravaged by arson and looting.

But there was no loss of life, he said, and no serious injuries among police or protesters have been reported. “The good news is that we have not fired a shot,” Belmar said of law enforcement.

Missouri Highway Patrol Capt. Ron Johnson lauded law enforcement’s restraint. “The officers did a great job tonight,” he told reporters. “They showed great character.”

Like Belmar, Johnson said the night’s violence dismayed him: “Our community has got to take some responsibility for what happened tonight. … We talk about peaceful protests, and that did not happen tonight.”

Belmar confirmed that an officer in University City, another St. Louis suburb, had been wounded by gunfire Monday night, but he said that “as far as I know, that is totally unrelated to events here in Ferguson.”

St. Louis County police said the officer was hit in the arm and would be OK.

Belmar said he looked forward to getting more National Guard troops in the community, as Gov. Jay Nixon ordered earlier in the evening, but he defended police preparedness.

“I don’t think we were underprepared,” he said, adding, “I don’t think we can prevent folks who are really intent on destroying a community.”

“I didn’t foresee an evening like this,” he said. “I’ll be honest with you.”

(Queally reported from Ferguson, Pearce from St. Louis and Decker and Raab from Los Angeles. Staff writer Connie Stewart contributed to this report.)

TNS Photo/Armando Sanchez/Chicago Tribune

Darren Wilson, Recalling Shooting, Said Michael Brown Looked Like A ‘Demon’

Darren Wilson, Recalling Shooting, Said Michael Brown Looked Like A ‘Demon’

By Maria L. La Ganga, Los Angeles Times (TNS)

It started with a simple request — “will you just walk on the sidewalk?” Forty-five seconds later, Michael Brown lay sprawled on the street, shot dead by a police officer who had never before fired his gun in the line of duty.

And as he drove away from the 18-year-old’s body, heading to the Ferguson police station to wash Brown’s blood from his hands and surrender his gun, all Officer Darren Wilson could think was, “I’m just kind of in shock of what just happened. I really didn’t believe it.”

Those were the words he shared with a grand jury. And late Monday, Wilson’s explanation of that deadly day in early August became public for the first time, in a small part of an enormous trove of documents released by St. Louis County Prosecutor Robert McCulloch.

Thousands of pages of police interviews, autopsy reports, and secret testimony — including Wilson’s — were made public after McCulloch announced the grand jury’s decision not to indict Wilson in Brown’s death.

Until late Monday, Wilson’s voice had remained silent, and the general story line went largely unchallenged: White police officer shoots unarmed young black man trying to surrender on a summer day in a St. Louis suburb.

But on Monday, Wilson’s terror and panic were plain to see in 90 pages of his testimony before the grand jury on Sept. 16 and an 18-page interview with detectives that was recorded Aug. 10, the day after Brown’s death.

Wilson was leaving an earlier call, having assisted the mother of a sick infant, when he saw Brown and another young man walking down the middle of the street, forcing traffic to slow and swerve around them. The police officer told the grand jury that he drove up, stopped his car, and asked, “What’s wrong with the sidewalk?”

In Wilson’s account, it was all downhill from there. Brown swore at the officer, and the two men walked away. So Wilson called for backup, threw his police-issued Chevy Tahoe into reverse and cut the young men off.

As he opened the door, he testified, Brown slammed it shut on Wilson’s leg. The officer told Brown to get back and opened the door again.

“He then grabs my door again and shuts my door,” Wilson told the grand jury. “At that time is when I saw him coming into my vehicle…. I was hit right here in the side of the face with a fist.”

The two men scuffled, Wilson said, and when he struggled to gain some control over the situation “and not be trapped in my car anymore,” he grabbed Brown’s arm. “The only way I can describe it is I felt like a 5-year-old holding on to Hulk Hogan.”

Brown, he said, looked like a “demon.”

When Wilson drew his gun from inside his car and told Brown to get back or he would shoot, the officer said, “he immediately grabs my gun and says, ‘You are too much of a [coward] to shoot me.'”

Wilson said he pulled his gun because “I felt that another one of those punches in my face could knock me out or worse.” Brown was bigger than the 6-foot-4 officer, and stronger, too. “I’d already taken two to the face, and I didn’t think I would, the third one could be fatal if he hit me right.”

Wilson ultimately got out of the car, and Brown began to run away. Then he stopped. And turned. And began to run back toward the officer. He made a fist with his left hand and reached under his shirt with his right. Wilson testified that he kept telling him to get on the ground. Brown didn’t.

“I shoot a series of shots,” Wilson said. “I don’t know how many I shot, I just know I shot it.”

Later, in front of the grand jury, Wilson was asked whether he had ever had to use excessive force in the line of duty before Aug. 9.

“I’ve never used my weapon before,” he replied.

TNS Photo/Wally Skalij/Los Angeles Times