Affirmative Action on Trial at U.S. Supreme Court

‘Alive but Ailing’

“Affirmative action is alive but ailing, the idea of ‘critical mass’ to measure racial diversity is in very critical condition, and a nine-year-old precedent may have to be reshaped in order to survive. Those were the dominant impressions at the close of a one-hour, nineteen-minute argument in the Supreme Court Wednesday,” said veteran U.S. Supreme Court reporter Lyle Denniston at SCOTUSblog, after the Court heard arguments in the case of Fisher v. University of Texas at Austin.

Embarrassed for the Court

“Critical mass” is the idea that there need to be enough students of color attending a school to overcome a sense of “racial isolation,” explained Linda Greenhouse at The New York Times. Greenhouse was embarrassed for the court after acquainting herself with its questions, she said. “Of the four justices most intent on curbing or totally eradicating affirmative action — Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Samuel A. Alito Jr. and Clarence Thomas — the three who spoke (minus Justice Thomas, of course) failed to engage with the deep issues raised by Fisher v. University of Texas. …It was impossible to avoid the conclusion that ridicule rather than a search for understanding was the name of the game.”

Plaintiff ‘Failed to Meet Threshold’

The plaintiff in the case, Abigail Fisher, “failed to meet the threshold of being in the top 10 percent of her graduating high school class — which would have automatically guaranteed admission to UT,” said Edward Wyckoff Williams at The Root. He went on to argue that “four decades after legalized discrimination was still codified in law, racial disparities persist at nearly every level of American society. From criminal justice to education, employment to housing, minorities in general and African Americans in particular continue to face an uphill battle toward social and economic equity.”

Affirmative Action for Whites

Williams also mentioned a new book, What’s the Matter With White People? in which the author, Joan Walsh, reminds readers that “white Americans enjoyed the benefits of the Great Society social welfare programs, in particular the postwar GI Bill, expansion of public universities, FHA mortgage-lending guarantees and union jobs … amounting to affirmative action government policies for poor and low-income whites — and often, almost explicitly, excluded African Americans and other people of color.”

Selective Resentment

At The Huffington Post, Steve Nelson accused Fisher of having her cake and wanting to eat it too and he accused the court of appearing “ready to hand her a fork.” Said Nelson: “The young white woman, a recent graduate of Louisiana State University, filed the lawsuit now being considered because, she claims, she was unfairly denied admission to the University of Texas. One might argue whether the distinction between these two institutions is so great that Fisher had standing to bring the case at all. She claims that this allegedly diminished pedigree has done her grievous harm. Whatever. Lots of kids don’t get into the colleges they most desire. Did Fisher, or those who advised her to sue, choose to complain that some other white student of ‘lesser qualification’ won the spot she so dearly coveted? No, it was only the allegedly ‘inferior’ black applicants whom she apparently resents.”

Court’s High Bar Cleared

Noting that “the Supreme Court has [previously] insisted that any affirmative action plan must meet the test of ‘strict scrutiny’ — that is, that the plan must be ‘narrowly tailored’ to serve a ‘compelling interest,'”Greenhouse said “the justices obviously know that the court has concluded that affirmative action in higher education admissions can clear that high bar — as it did nine years ago in Grutter v. Bollinger, the University of Michigan Law School decision.” So, she concluded, “There was a context in which the Regents of the University of Texas, following upon the Michigan decision, chose to act, a history they sought to acknowledge, and a better future they hoped to achieve for their diverse state by supplementing the unsatisfactory and mechanical ‘top 10 percent admissions plan with one that considers each applicant as an individual — with race as ‘only one modest factor among many others.'”

‘Temporary Measure’ to Permanent Entitlement

At Forbes, Bill Frezza wondered how “a set of ‘temporary measures to level the playing field’ become a permanent entitlement advantaging even minorities from wealthy backgrounds over white kids who grew up in poverty?” Frezza advised readers to take the approach that blond-haired, blue-eyed U.S. Senate candidate Elizabeth Warren did when she identified herself as a Native American on a Harvard Law School job application. Said Frezza: “Suppose enough of us chose to adopt the Warren standard? After all, every human being has ancestors that came from Africa, however remote. Who’s to say we don’t identify with them?And therein lies the fastest way to put an end to affirmative action without relying on the courts or the ballot box.”

Clever, isn’t he?

Downside for People of Color

Frezza and Fisher are obviously not alone in their disdain for Affirmative Action. Some however, are uncomfortable about it for entirely different reasons. At CNN, for example, LZ Granderson said, “If I had a nickel each time a white guy e-mails or tweets that I have my job because I’m black, I wouldn’t need the job, because I’d be rich. This is at the heart of a little talked about secret regarding affirmative action: A lot of black professionals don’t like it either. Not because they think the playing field is necessarily leveled, but rather their skills and talents are constantly being slighted by whites who think their jobs were given to them solely because of their race.”

Big Business Backs It

Big business, meanwhile, is on the aside of Affirmative Action, according to Bloomberg Businessweek. “Some of the biggest corporations in America say that having a diverse payroll helps boost sales, and they want the Supreme Court to keep that in mind as it considers this term’s affirmative-action case,” the article said.

What do you think?

Should Affirmative Action become another entry in the history books or is it still necessary for leveling the playing field?

Welcome Back, Barack

COMEBACK KID: President Barack Obama and Republican presidential nominee Mitt Romney sparred early and often during the second presidential debate on October 16, 2012, at Hofstra University in Hempstead, New York. After an uninspired first debate for President Obama, he came with renewed energy. (Photo: Stan Honda/Newscom)

President Barack Obama leaped back into the presidential campaign Tuesday, aggressively challenging rival Mitt Romney in a tense debate likely to reset the contest as it heads into the final weeks.

Obama was all the things he was not in his first faceoff with Romney — energetic, engaged, quick to defend his record and even quicker to tear into Romney. At points, he even jumped off his seat to challenge Romney.

Eager to score points from the opening minutes to the last, he cast Romney as an elitist who would help the rich, a chameleon who is all but lying to conceal his real agenda, a man whose scorn for the poor and working classes was revealed only in the secretly taped remarks in which Romney derided 47 percent of the country as freeloaders.

Romney gave as good as he got through most of the debate, reminding voters at every opportunity of the weak economy under four years of Obama’s leadership. He stumbled, however, at a turn over the attacks on U.S. diplomats in Libya, an unforced error that allowed Obama to score at what otherwise might have been a moment of vulnerability.

The 90-minute debate at Hofstra University in Hempstead, N.Y., likely helped Obama re-energize Democrats who were discouraged at his lackluster performance in the first debate, and sends the two rivals into their final clash Monday in Florida grappling for a breakout.

Most eyes were on Obama from the onset as he looked for ways stylistic and substantive to show voters he eagerly wants the job, and that Romney should not have it. In that first debate, he was passive at times, looking down at notes rather than making eye contact, and failing to raise such topics as Romney’s remarks about the 47 percent.

Obama worked throughout to tar Romney as a friend to the rich and powerful.

“His plan is to let the oil companies write the energy policies,” he said of Romney’s push for more energy production.

He lambasted Romney’s plan to cut taxes, saying they would necessarily force tax increases on the middle class.

“You’re going to be paying for it,” Obama said. “You can’t buy the sales pitch.”

Obama all but called Romney a liar.

“What Gov. Romney said just isn’t true,” he said of Romney’s comments on the auto industry.

“Very little of what Gov. Romney just said is true,” he said of Romney’s comments on energy.

Obama at times sat at the edge of his stool, rising quickly to physically challenge Romney face to face rather than waiting for Romney to finish and be seated.

Challenged by Romney the first time, Obama then walked away and faced the audience to answer a question. The second time Obama stood to confront him, Romney waved him back, “You’ll get your chance in a moment.”

When he wasn’t jumping out of his seat, Obama watched Romney intently.

He wasn’t Joe Biden, laughing or making hand gestures when the other guy was talking, as the vice president did in his debate last week with Republican Paul Ryan.

But Obama kept his eyes on his adversary, a noteworthy change from the first debate when he was often caught on camera looking down at his notes or away, giving voters the impression he was disinterested.

Romney refused to cede the stage, however, standing forward rather than returning to his seat while Obama spoke to the live audience in the town hall-style meeting.

Romney stayed on message most of the evening, hammering away at economic anxiety about lost jobs, rising poverty and shrinking paychecks.

“The president’s policies . . . haven’t put people to work,” he said.

“Middle-income families have been crushed,” he added.

Romney made a misstep, however, on the Obama administration’s response to the attack on the U.S. consulate in Libya.

Obama stated that he called the attack a terrorist act the next day, brushing aside suggestions that his administration spent weeks giving misleading accounts that instead blamed the attacks on a riotous response to anti-Muslim video.

Romney challenged Obama’s assertion.

“Check the transcript,” Obama interrupted, and moderator Candy Crowley noted that Obama did use the word in his day-after comment. “Say that a little louder, Candy,” a confident Obama said.

Later, during the closing statements, Obama was given the final word and used it to further distinguish the differences between himself and Romney. After touting his record, he went on to finally broach the topic of Romney’s infamous “47 percent” remarks from the secret video footage that had snarled Romney’s campaign weeks earlier. Many chided Obama for not bringing up the topic in the first debate. This time he not only brought it up but saved it as his concluding shot in a match that one suspects will restore his campaign’s mojo.

What did you think of the second debate? Did President Obama redeem himself enough to get back into a close presidential race? Share your comments below.

Story adapted from McClatchy Newspapers, © 2012 McClatchy Washington Bureau. Used by permission of Newscom. Additional reporting by UrbanFaith staff.

Undecided Voters Get a Voice in 2nd Debate

ROUND 2: President Barack Obama and Governor Mitt Romney will spar amidst questions from undecided voters at tonight’s debate.

Undecided voters will get a chance to ask questions about domestic and foreign policy at the second of three presidential debates tonight at Hoftstra University in Hempstead, New York. This bout will be moderated by CNN chief political correspondent Candy Crowley in town hall meeting format and will air at 9:00 p.m. EST.

It will be the last chance for the candidates to debate domestic issues like immigration reform and the foreclosure and student loan crisis, noted Jason Linkins and Elyse Siegel at The Huffington Post, because the final debate will be about foreign policy. “The good news, however, is that ordinary people think differently from political reporter types — the amount of untrod ground they cover, along with the quality of their questions, could surprise you,” the duo said.

Seventy-one percent of likely voters think Romney won the first debate, according to a new Washington Post-ABC News poll, so The Post’s Chris Cillizza and Aaron Blake predict that “the pressure will be on the incumbent to show he has a pulse (and probably a bit more) tonight.” The president may need to up his game, but not, some say, with a demeanor as pugnacious as Vice President Joe Biden’s was in his debate last week with his “friend” Rep. Paul Ryan.

The challenge, says Dan Turner at The Los Angeles Times, is: “How do you interrupt your debate opponent, contradict everything he says, strike a pose of amused disbelief while he rants on about your rotten leadership, and hit him with zingers that the pundits are still applauding the next morning, all without coming off as rude? And, in President Obama’s case, how do you do all this while still looking presidential?”

The stakes are high for both candidates, if USA Today’s polling roundup is any indication of how tight the race is three weeks out from the election. “Obama leads by a single point — 49%-48% — in the latest Politico/George Washington University Battleground Poll released Monday morning,” but “Romney leads 50%-48% in the poll’s 10 top ‘battleground states’: Colorado, Florida, Iowa, Michigan, Nevada, New Hampshire, North Carolina, Ohio, Virginia and Wisconsin.” However, “a Washington Post-ABC News poll gives Obama a 49%-46% lead among likely voters” and “various polls also show a tossup race in the Electoral College.”

Crowley has her own performance to worry about, given the fact that both campaigns have already (and self-servingly) complained about her plans for conducting it, how biting the critique was of her predecessors in the first two debates, and the fact that she is only the second woman to moderate a general election presidential debate. I’m exhausted just reading that.

The most important question in my mind is: Will voters get the information they need about domestic policy to make a wise choice on Nov. 6?

What do you think?

Have the candidates adequately debated domestic policy? If not, what do you want to hear from them tonight?

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Tales from Freshman Year

Are you a freshman in high school? What were your assumptions about high school before you got there? Were you afraid? Nervous? Excited? What have you discovered since the start of the school year? What kinds of things are helping you to adjust?

Whatever your responses to the questions above, I bet you can still use some advice from upperclassmen who have been in your shoes. Inteen and UrbanFaith recently assembled a diverse group of veteran high school students and asked them to share their memories of freshman year and their advice to new high-schoolers on how to navigate that all-important first year.

Take a look at this video and see what this group of high school students had to say about their experience during their first year of high school. Then let us know what you think in the comments section below.

Bedroom Hallelujahs

My wife, Rita, has begun reading the first volume of the bestselling Fifty Shades of Grey trilogy with her book club. Fifty Shades has been wildly popular because it features scenes of an unmarried couple’s explicit erotic sex that also includes elements of bondage. Published reports say the book has gotten a lot of wives excited about sex and their husbands are reaping the benefits. So, of course, that’s what grabbed my interest.

As my wife cuddled in bed reading her iPad, I asked her about the book. She was tight-lipped, as she shifted her body so that I couldn’t see the screen.

“It’s just what the club is reading now. I’m not really into this sort of thing,” she said. Then she cited some “confidentiality agreement” among her book club sisters, effectively ending our conversation.

Hmmm, more on that later …

The exchange reminded me of a talk I recently had with a Baltimore-based licensed pastoral counselor (who also happens to be my sister). Minister Pamela Bell of Serenity Pastoral Counseling & Consulting recently hosted “Teach Me How to Love You,” a conference to teach Christians how to develop healthy relationships. One of the topics included God in your sex life.

God and sexual intercourse?

Bell’s point is that God clearly created us to have and enjoy sex. One of the reasons why so many Christian marriages are in trouble, singles are fornicating, and pedophilia, adultery and homosexuality are common in churches, is because leaders aren’t teaching forthrightly about godly sex. Natural urges are suppressed and hypocritical and deviant behaviors are covered up. The church has allowed the world to turn into “the nasty” what God intended to be beautiful.

“According to most Christian teachings, sex is referred to in the context of procreation or as a marital duty,” Bell said. “I talk to people about making love and bringing God into the experience, instead of having some gymnastic event where orgasm is the finale.”

WELCOMING GOD INTO YOUR SEX LIFE: “While having sex, thank God for the beauty of the body of your mate,” says Christian counselor Pamela Bell to married couples. “Making love is an expression of gratitude.”

At the conference, Bell, who has been married for more than 25 years to the same man (they have three children), said attendees seemed surprised when she asked how long they thought the average orgasm lasted?

“Oh, they got real quiet,” Bell said.

The answer is about 18 seconds for the average woman and 20 seconds for a man. Once intercourse begins it takes the average women about 12 to 14 minutes to reach an orgasm and about 2 to 3 minutes for a man.

“So we spend so much time and often make bad decisions about our sex partners over a few seconds of pleasure. When we talked about sexuality within the confines of marriage, that’s when people got comfortable and we got a lot of questions.”

Like, what do you do when your husband or wife wants to have more sex than you do? Singles asked question like, what do you do when your urge for sex is high?

“Particularly when you look in the King James Version, the word ‘know’ is used to refer to sexual intercourse,” Bell said. “God intended sex to be about intimacy.”

But for many people it’s hard (no pun intended) to think about a holy God, while having sex. Intellectually you know that God created and commanded us to be fruitful and multiply. But is a man supposed to be thinking about Jesus while he “knows” his wife?

Bell said it’s about a paradigm shift, adding that she often refers couples to passages such as 1 Corinthians 7:4.

“While having sex, thank God for the beauty of the body of your mate,” she said. “Explore how your mate’s body is made. Each aspect complements the next. Making love is an expression of gratitude. You’re thanking God for the person He gave to you. Take your time, be present in the moment, and enjoy your spouse. Remember, love is patient according to 1 Corinthians 13:4.”

For singles, there are ways to feel God’s love without a physical partner, she said.

“It’s a better experience than conjuring up some dude or woman in your mind that you were with back in the day, or that you want to be with and having some counterfeit experience,” she said. “You can have an ongoing spiritual orgasm rather than a five-second deal, followed by feeling unfulfilled afterwards because you’re relying on a fantasy to give you pleasure.”

Bell said she felt led to host the conference because she sees too many Christians who are having major sex-related problems tied to church. As the church fails to deal honestly with sexuality, it is effectively leaving lambs to be slaughtered.

“It’s heartbreaking what is happening,” she said. “Many pastors simply don’t teach this.”

Not all pastors are afraid to “go there,” Bell said. There are Christian books on the topic. There’s even a biblical response to Fifty Shades called 50 Shades of Black and White. But in general, churchgoers seek information elsewhere, such as on cable TV, the Internet, or in erotic literature.

As for my wife’s reading of Fifty Shades, she’d rather not fantasize in that way — but she won’t judge others who like it.

And if I reap some added benefits from this month’s book club selection, I won’t complain.

*********************

 

Holy Intimacy

A few more passages from Scripture related to godly sexual love:

♥ Genesis 2:18

♥ Genesis 2:24

♥ Genesis 2:25

♥ Genesis 3:16

♥ Psalm 139:14

♥ Proverbs 5:18

♥ Ephesians 5:31-32

When Politicians Want It Both Ways

WOOING RELIGION REPORTERS: CNN Belief Blog editor Dan Gilgoff (left) moderates panel discussion with (left-to-right) Romney adviser Mark DeMoss and Obama surrogates Broderick Johnson and Michael Wear. (Photo by Explorations Media, L.L.C.)

Personal questions about faith should be off-limits, but questions about how faith informs policy shouldn’t, representatives of the Obama and Romney campaigns told reporters at the Religion Newswriters Assocation annual meeting in Bethesda, Maryland, October 5.

Speaking as an unpaid senior adviser to the Romney campaign, Mark DeMoss said he concluded six years ago that Romney, with whom he shares “common values” but “different doctrinal or theological backgrounds,” is “uniquely qualified and competent to be the president.” The fact that Romney (a Mormon) is “a man of faith” is a “bonus,” said the evangelical DeMoss.

“I feel strongly that no one should vote for any candidate at any level because of their faith. … That mindset, in my view, is similar to a Christian yellow-pages mentality … where you would just patronize Christian-owned businesses,” DeMoss explained. People generally look for quality and competence in daily life decisions, he said. “If the selected competent choice happens to be a person of faith, that might be seen as a bonus. If they happen to be a person of similar faith, maybe that’s a double bonus.”

DeMoss alone represented the Romney campaign at the discussion moderated by CNN Belief Blog editor Dan Gilgoff. Two representatives spoke for the Obama campaign: senior Obama campaign adviser and head of Catholic outreach Broderick Johnson and national faith coordinator Michael Wear.

“It’s fundamentally important that we can’t tell reporters what to ask and we can’t control those factors, but from our campaign … and Governor Romney’s campaign, personal faith is off-limits,” said Wear.

“Barack Obama has been more willing than many Democratic candidates to talk about how his faith informs him,” said Johnson. But, he said, neither candidate talks about how they practice their faith. Johnson seemed to contradict himself when he later said, “How they practice their faith and their values does matter and gives people an important set of barometers to make decisions about who they’re going to vote for.”

Wear also referred journalists to President Obama’s convention speech as evidence that his faith informs his decisions. In that speech, Obama quoted Abraham Lincoln’s statement about the pressures of the presidency sending him to his knees. “That wasn’t an off-hand gesture; it was actually a reference he made in his [National] Prayer Breakfast speech. … So this is something that he’s talked about, but he talks about it on his own terms,” said Wear.

After the panel discussion UrbanFaith asked Wear if the Obama campaign’s tone has changed from 2008 when then-Senator Obama spoke eloquently and personally about his faith during a Saddleback Church discussion with the Rev. Rick Warren and Senator John McCain in Lake Forest, California.

“I’d say our priority on the faith vote is in talking about the choice that people of faith have in this election,” said Wear. “The president doesn’t think that it’s his job to go out and convince folks about his faith. …It’s something very personal to him and it’s something that he’s not going to be tried about. He’s not going to manufacture things.” The best “on-the-record statement” about the president’s faith can be found in his recent interview with the National Cathedral magazine, Wear said.

Asked why President Obama was so forthcoming four years ago at Saddleback, Wear said the president didn’t bring the subject up and was “introducing himself to the American people.” “[They] wanted to know who he was,” said Wear.

Coincidentally, the Pew Research Center distributed a quiz to RNA journalists in Bethesda that included a question about whether more or less Americans question President Obama’s faith identity in 2012 than did in 2008. The organization reported earlier this year that in 2008, 55% of survey respondents identified the president as a Christian, while only 49% do so now. Four years ago, 12% thought the president was a Muslim. That figure has risen to 17%.

All three campaign surrogates advocated a broader range of issues that are informed by faith than so-called “culture war” concerns like abortion and same-sex marriage. Among those mentioned were the economy, tax policy, immigration, and heath-care reform. Wear said that if faith is a daily part of politicians’ lives, “they’re going to be looking through that lens on all their decisions.”

 What do you think?

Should questions about the candidates’ faith be off-limits?