William Watson: SCOTUS chooses equality. We should, too — via fpcomment
Here, too. There is a long history of political, social and legal influences from the United States seeping over the border and eventually altering how this country runs. Where do you think the doctrine that racism is systemic and omni-present came from in the first place? As that theory increasingly is challenged in the U.S. and its influence slowly ebbs, my bet is that, with the customary lag, the same thing happens here. Come back in 10 years and we’ll compare notes.
What SCOTUS’s decision clearly is not is simplistic. The justices argue over 237 single-spaced pdf pages. The main decision is 40 pages long. There are concurring opinions from Clarence Thomas , Neil Gorsuch and Brett Kavanaugh and dissents from Sonia Sotomayor and Ketanji Brown Jackson . Footnotes your thing? There are 179 in total. It’s hardly beach reading. But it’s accessible, generally well written and, in its way, compelling.
To a great extent, the principal combatants are Thomas and Jackson. That both are Black is actually germane to the argument. Court decisions in the 1970s that allowed race to be considered in admissions approved it only for educational purposes, where impacts might possibly be measured, rather than for overall social purposes, where they cannot be.
In this view no education would be complete without exposure to people from other groups and “how they think.” Butpeople from different groups necessarily think differently? Justices Thomas and Jackson maintain judicial decorum in denouncing each other’s views on affirmative action but they could not disagree more. Their skin colour is far from their greatest contribution to the diversity of SCOTUS.
Compare that to our own Supreme Court, where people of diverse regional and gender backgrounds seem to disagree less than their counterparts in the U.S., and may become even more monochromatic ideologically with the retirement of Russell Brown and his replacement by another Justin Trudeau pick, bringing to six the members of the court the current prime minister will have appointed — with the advice and consent, to use the American phrase for what the U.S. Senate does, mainly of legal insiders.
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