Thomas M Keck🗽☮️
@tmksyracuse
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American constitutional development, freedom of expression, SCOTUS, democratic erosion, Court reform, CNY politics, he/his
Syracuse, NY
Joined February 2015
Looks like I'm trying Threads for now. Same handle over there.
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I'm over on Threads these days (same handle), but thinking I should post over here once in a while to make sure my account isn't dormant
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Join us on 8/30 when a multidisciplinary group of faculty experts will discuss what's at stake in the wake of the supreme court's 2023 #affirmativeaction decision. Register here: https://t.co/BgvMIsvpjs
@mariabzhu | @tmksyracuse | @SeanJDrake1 | @Lutz_Amy
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@DustinCzarny @SyracuseU @CNYSolidarity Just listened to this excellent analysis. I’m appalled by what can only be described as grooming by Rob Schenck and Leonard Leo of SCOTUS justices. @tmksyracuse
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*Thomas's concurring opinion (obvious typo at top of thread)
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But my main point isn't that Thomas's 30+ years of these policy arguments against affirmative action haven't persuaded me. My main point is that it's awfully convenient that his account of 19th C history leads to the exact same place
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I get that this was his experience at Holy Cross & Yale, but he does know that white folks would/will do this even in the absence of affirmative action, right? And that some students of color have had a different experience (including 2 of his colleagues)?
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Another policy argument from Thomas (and this one has long seemed his key motivation in these cases): Affirmative action harms all students of color because it leads white folks to doubt their accomplishments.
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Thomas's dissent rests on unpersuasive originalist case for colorblindness, but as usual, he's got a lot of policy arguments in there too. E.g., this one-sided discussion of mismatch theory. Which he finds "self-evident" despite much social science evidence to the contrary
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KBJ's dissent is also just filled with subtle (or not so subtle) references to the Court's tortured history on racial equality. The one on the left here is a reference to the 1883 Civil Rights Cases; on the right, to its 1978 decision in U. of California v. Bakke
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KBJ's dissent is really good on the history of racial disparities & the details of university admissions policies, but I'm also really loving her rhetorical characterizations of colorblindness as ostrich-like (and self-defeating) willful ignorance
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This footnote from KBJ pinpoints a key infuriating feature of legal mobilization against affirmative action over the past 40+ years. Selective universities are obviously considering race, but conservative litigators & judges persistently mischaracterize how they are doing so
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KBJ draws extensively on Katznelson & other great scholars to demonstrate how state & federal policy deliberately and for generations "affirmatively acted to dole out preferences" to white folks at the expense of Black folks
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Is KBJ's opinion the first in U.S. Reports to refer to Reconstruction as a "Second Founding"?
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This
Controlling of women's bodies and forced removal if they want to play because according to those in power, they must represent a religiously neutral state. Devastating decision. https://t.co/YZTQkTT8ju
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