Berkeley Law prof: here's how to evade laws against racial spoils system

I wrote yesterday about the Students for Fair Admissions case in which the Supreme Court put a stake through the heart of affirmative action.

My prediction was: they will just break the law, get around it, through it, over it, under it, and ignore the legal precedent in any way they can conceive of it.

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They will do this because they don’t believe in individual rights; your identity is determined by where you fit in the intersectional matrix of society, not by who you are as a person. You are a cog in a machine, and your rights depend upon where you fit in that machine.

Find yourself in the intersectional matrix, and we know who you are. Now go dance around naked before you find a glory hole because the only individual characteristic that can truly be “you” is your sexual fetishes.

This is inherent in their view that rights are not individual, but rather held by categories of people. The idea is that no man is an island, so only through the context in which they live can they be judged. A Black man is primarily a Black and a male, not a person who happens to be Black and happens to be male.

A just society is, in the eyes of the Left, a racialized society. Not just racialized, of course, because gender is another axis. At the top of the hierarchy is the Black trans-woman lesbian whose parents were illegal aliens and is a Muslim convert, or some similar type, while the lowest on the scale is a wealthy White heterosexual male whose ancestors came over on the Mayflower.

Individuality is a myth, except in terms of how we feel and express pleasure. Sex is the sole realm in which we express our individuality, which is why sexual pleasure is the one right that people cannot be denied as individuals.

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That is why all discussions are about “intersections” of privilege or oppression. Who you are is a point on a matrix, and your fate is determined by where you fit in that matrix. The role of social engineers is to balance things out so that “equitable” outcomes are guaranteed.

Given this, I expect the fight over the implementation of the case to be a long, drawn-out process with academia and corporate America looking for ways to subvert the clear intent of the Court. How successful (or not) they will be is yet to be seen, but they will try.

And as evidence, I submit exhibit A:

There are so many things that are striking about this snippet of video, not the least of which is that a law professor is stating out loud not only that he breaks the law regularly, but that he has decided to commit perjury before the Court in order to hide that fact.

Proof positive that a lawyer who represents himself has a fool for a client. Exhibit B, in this case.

Racial discrimination, including affirmative action, is illegal in California due to a referendum that passed decades ago. Proposition 209 banned affirmative action in the state, and in 2020 a measure intended to repeal Prop 209 failed spectacularly even in liberal California.

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None of that matters to the Berkeley Law School Dean, whose ideological commitment to the cause is so strong that as a representative of the university and a law school Dean he admits he breaks the law and commits to lying to a Court to ensure he can continue to do so.

A law school Dean. Telling his students that perjury is OK. A law school Dean at a public university–so he is de facto a representative of the State of California and the State Bar telling others that the law is meaningless in the face of his massive ego. Imagine what the next generation of lawyers will turn out like in California.

Leftists keep telling us about how “nobody is above the law,” but what they mean is that the law is putty in their hands and they will ensure that you will be below it. They ARE the law. And they are liars. He says so himself–if anybody in the room tells the truth, he will condemn you as a liar under oath.

If I ever were to face this guy in court I would whip out this tape and impeach both him as a lawyer and his client, who I would argue has been instructed to commit perjury. Because clearly in the eyes of Erwin Chemerinsky, Dean of Berkeley Law School, getting his preferred outcome is the only thing that matters, truth be damned.

Does anybody believe that Chemerinsky is alone in having these beliefs? I certainly don’t. We have ample evidence that far too many people on the Left have abandoned any pretense that they care about truth, fairness, process, or the Constitutional order. Look at the revelations about the Justice Department’s interference in the Hunter Biden case. Look at Joe Biden’s and every leftist’s attacks on the legitimacy of the Supreme Court.

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The hits keep on coming daily.

What keeps our Constitutional Republic together is a common belief in the process. We must be willing to lose when the process is fair, or there is nothing left but violence.

But when you decide that the rules don’t apply to you, then the rules will soon apply to nobody.

And when that happens, there is nothing left but imposing your will through violence. That is not a place anybody wants to go.

It never ends well.

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John Stossel 8:30 AM | December 22, 2024
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