Tag Archives: SCOTUS

Obama Poised To Nominate First Asian American Supreme Court Justice?

February 15, 2016
Judge Sri Srinivasan, in a picture from his federal nomination process in 2013. (Photo Credit: Doug Mills / New York Times)
Judge Sri Srinivasan, in a picture from his federal nomination process in 2013. (Photo Credit: Doug Mills / New York Times)

Last Saturday, the nation was shocked by the sudden death of Supreme Court justice Antonin Scalia, 79, of natural causes. Scalia was well-known for his bulldog-ish attitude and his conservative, strict constructionist judicial philosophy  — although, he rejected this term, prefering “textualist” or “originalist”. Nonetheless, Scalia opposed to broad interpretations of the Constitution’s text, leaving him famously opposed to gay marriage, women’s rights, the Voting Rights Act, and affirmative action.

Scalia’s death will have immediate impact on several high-profile cases scheduled to be decided this Supreme Court session, and legal scholars at SCOTUSblog say the predicted tie votes will likely lead to reargument in the next session after a new Supreme Court Justice is appointed to fill the vacancy left with Scalia’s passing.

Meanwhile, the fight over whom President Obama will nominate to the nation’s highest court — or, even whether the Senate will obstruct these proceedings until after a new president has been inaugurated  — has already begun. Just hours after Scalia’s death, Senate Majority Leader Mitch McConnell vowed that Senate Republicans would refuse to confirm any person nominated by President Obama to the Supreme Court.

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43 Years after Roe v. Wade, Reproductive Rights Still Matter to AAPIs | #Roe43

January 22, 2016
I wore a lot of pink and stood on a street corner and chanted for an hour today. (Photo credit: Jenn / Reappropriate)
I #StandWithPP. (Photo credit: Jenn / Reappropriate)

43 years ago today, the Supreme Court handed down a landmark decision that would serve as an important foundation principle for the establishment of reproductive rights for women. In a 7-2 decision, the Justices ruled that the government had no right to interfere with a woman’s decision to seek (or not seek) an abortion for non-medical reasons; this choice, they declared, was protected by our constitutional right to privacy.

Since then, Roe v. Wade has had an incredible impact on women, enabling an unprecedented social, political and economic mobility for women in general.

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Why AAPIs Need to Vote in the Era of Evenwel v. Abott

December 20, 2015

US-VOTE-2012-ELECTION

By Guest Contributor: Jason Fong (@jasonfongwrites)

This post was originally published at Jason Fong Writes.

First – I hope you’re registered to vote.  If you aren’t registered, you can do so here.

I think it’s really important for us to participate in our nation’s democracy and be part of the political discourse, and voting is certainly an integral part of that.  But that’s not the main reason why I think it’s important for members of the AAPI community to register to vote and actually vote.

REGISTER TO VOTE because this isn’t just about you.  This is about those who don’t have that right but still deserve to be heard.  Your vote includes the voices of our families, friends, and fellow community members who – for one reason or another – are not eligible to vote.

Just because people aren’t voters, it doesn’t mean that they aren’t affected by how people vote.  I can’t vote and yet I am affected by policies regarding immigration, education, and social justice.  I go to public school and see the influence of voters everyday in the curriculum, the allocation of resources, and the quality of teaching.  I am affected by immigration policies, as many of my family members live overseas or are recent arrivals. I am affected by actions of politicians who may or may not believe in climate change and in investing in efforts to promote environmental sustainability.

However, I’m one of the lucky ones because I won’t be ineligible for much longer, as I can register to vote when I turn 18.  But what about the millions in our community who aren’t as lucky?

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Reappropriate Joins AANHPI Organizations in Filing as SCOTUS Amici for Affirmative Action | #Edu4All

November 3, 2015

aaaj-notyourwedge

Three national Asian American, Native Hawaiian & Pacific Islander civil rights organizations filed separate amicus briefs today in support of affirmative action; the briefs were filed in relation to the upcoming Fisher v. University of Texas case scheduled to be heard by the Supreme Court on December 9th.

In addition to briefs filed by the Asian American Legal Defense Fund (AALDEF) and the National Asian Pacific American Bar Association (NAPABA), the brief filed by Asian Americans Advancing Justice (AAAJ) was signed by over 160 national AANHPI groups and individuals, including by this blog. Other signatories hail from all parts of the AANHPI diaspora, in terms of ethnicity, gender and group focus.

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US Court of Appeals upholds race-conscious affirmative action in college admissions

July 16, 2014

affirmative-action-cartoon

Yesterday, the US Court of Appeals’ Fifth Circuit handed down its decision on Fisher vs. University of Texas, a landmark affirmative action case first filed in 2008 by then-undergraduates Abigail Fisher and Rachel Michalewicz (Michalewicz later pulled out of the case), both of whom alleged violation of their rights under the 14th Amendment when they were denied admission to UT Austin.

UT Austin admits 81% of its incoming freshmen under Texas’ “Top 10%” bill, which grants automatic admission to high school students scoring in the top 10% of their graduating class; the remaining admission decisions are based on a holistic review process, which includes consideration of race among many other factors. Fisher argued that her scores — her grades ranked her in the top 12% of her high school class and she scored an 1180 (out of 1600) on her SATs — rendered her highly qualified for the school, and she challenged the school admission board’s use of racial information as unconstitutional.

Yesterday – after the Supreme Court last year kicked the case back down to the lower courts – the Appeals court handed down the final word: yes, UT Austin’s race-conscious holistic review process is constitutional. Abigail Fisher is wrong.

Except, we kind of already knew that.

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