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An Outrageously Subversive Idea in Response to the Harvard Case [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2023-06-30

It is not a stretch to consider the current Supreme Court to be illegitimate. One justice sits because Moscow Mitch stole a seat (Gorsuch), several justices clearly perjured themselves during their confirmation hearings (Thomas and Kavanaugh), and the rightwing majority is rife with ethical norm violators, even up to the point of corruptly accepting illegal gifts, bribery or other financially beneficial acts (Thomas, Alito, Roberts).

The current majority also has made it standard practice to make far reaching decisions on specious reasoning and contrary logic. Examples include overturning Roe v. Wade, Citizens United (corporations are people? WTF?), rulings allowing discrimination against a protected class (today’s anti LGBTQ decision — see the dissent here), the decision tearing down the Voting Right Act, striking down the student loan relief plan (what, a plaintiff needs standing? Since when… oh, like forever) and the Harvard Affirmative Action case, amongst other shitty decisions. Yeah, illegitimate.

So what can be done? Expand the court! Oh darn, we need to pass legislation with MAGA in charge of the House, and 60 votes needed in the Senate (or killing the filibuster), so not gonna happen anytime soon. Make the unethical SCOTUS members recuse when they have a conflict of interest. Right! Impeach Thomas, Alito, and/or Kavanaugh! Trying getting that through Congress – nice try.

I have a different, yet probably illegal, solution that really sticks it to the right wing. Now IANAL, and don’t even play one on TV, but here goes:

Say a number of elite schools (the Ivys, prominent eastern liberal schools like Wellesley, Trinity, Amherst, Swarthmore, Johns Hopkins) that highly value a diverse student body privately decide (conspire? Collude?!? Hey that’s not a crime, right?) to thwart SCOTUS. They IGNORE the Harvard and UNC rulings. They continue to use race as a criterion for admission, despite the ruling it is illegal. What does SCOTUS do?

Well, they issue an injunction – ignore it. They fine the schools – don’t pay (or if it’s nominal pay and continue to ignore the ruling). They order the arrest of college officials for contempt, or order the Federal government to stop financial assistance to the schools. And the Feds/the Executive branch that has the power….. INGORE SCOTUS’ orders. They don’t arrest the college folks, they continue to pay them their aid packages, scholarships etc. Now what does SCOTUS do?

In a sense, these actions channel the spirit of Rosa Parks – civil disobedience in defiance of outrageously unfair laws and/or court rulings (e.g., Plessy vs. Ferguson). And yet the consequences will be a serious shit show. MAGAs will scream bloody murder, threaten to shut down the government (like they aren’t already). And there is a risk if Dems lose in the next election that it would all crash down in unforeseen disasters.

Now this is my fantasy, defying SCOTUS, but it is at least (IMHO) as likely as, say, expanding the court of actually occurring in the foreseeable future. And I expect to get a lot of push back from the DKos community as outlandish as this imaginary action is (probably well deserved). But it’s my fantasy, and I am channeling my name. Daydream Steve.

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[1] Url: https://www.dailykos.com/stories/2023/6/30/2178591/-An-Outrageously-Subversive-Idea-in-Response-to-the-Harvard-Case

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