After SCOTUS upholds affirmative action, a victory lap on Twitter

Supreme Court cases don’t usually lead to very compelling hashtags on Twitter, but today’s U.S. Supreme Court win for affirmative action has sparked a social media victory lap.

And that’s bad news on a couple of fronts for Abigail Noel Fisher, who didn’t get into the University of Texas in 2008 and challenged the school’s affirmative action policy in front of the high court.

She lost the case, of course. And now she’s front and center with the Twitter hastag #BeckyWithTheBadGrades, a riff on a Beyonce lyric.

The “bad grades” stems from a ProPublica analysis in 2013 that shows Fisher “had not actually been denied admission because she is white, but rather because of her inadequate academic achievements.”

  • Jeff

    Interesting how there are more personal attacks against the person bringing the Affirmative Action case to the SCOTUS than in the DUI case, when obviously those in the DUI case were putting actual lives in danger. Here’s a link to the Affirmative Action decision:

    http://www.supremecourt.gov/opinions/15pdf/14-981_4g15.pdf

    Alito and Thomas both wrote dissents in this opinion, here’s Thomas’s (the only African American on the court) dissent, it’s pretty short and sweet:

    JUSTICE THOMAS, dissenting.
    I join JUSTICE ALITO’s dissent. As JUSTICE ALITO explains, the Court’s decision today is irreconcilable with strict scrutiny, rests on pernicious assumptions about race, and departs from many of our precedents. I write separately to reaffirm that “a State’s use of race in higher education admissions decisions is categorically prohibited by the Equal Protection Clause.” Fisher v. University of Tex. at Austin, 570 U. S. ___, ___ (2013) (THOMAS, J., concurring) (slip op., at 1). “The Constitution abhors classifications based on race because every time the government places citizens on racial registers and makes race relevant to the provision of burdens or benefits, it demeans us all.” Id., at ___ (slip op., at 2) (internal quotation marks omitted). That constitutional imperative does not change in the face of a “faddish theor[y]” that racial discrimination may produce “educational benefits.” Id., at ___, ___ (slip op., at 5, 13). The Court was wrong to hold otherwise in Grutter v. Bollinger, 539 U. S. 306, 343 (2003). I would overrule Grutter and reverse the Fifth Circuit’s judgment.

  • PaulJ

    Is affirmative action really based on race anyway; isn’t it a recognition that some people come from more difficult cultures?

    • Jeff

      It depends on the system, there is a federal point rule for jobs with the federal government. You get points for being a vet, for having a disability and for being a minority. I have a good friend who told me how the federal agency he works for has told applicants to lie about their heritage in order to guarantee the ability for the hiring manager to hire the right person for the job. One specific story he told me was about a woman (with dark hair and dark eyes but white) was told to check the box for “Hispanic” in order to grant the manager the ability to hire her over other candidates since she was by far the most qualified, she resisted and said she wasn’t Hispanic but eventually she just checked the box in order to get the job…which she did get it. Is everyone okay with Affirmative Action being used in that way?

      • Joe

        I have a friend who was told to say they had roofing experience in order to grant the manager the ability to hire him over other candidates, he resisted and said he didn’t have any roofing experience but eventually he just wrote that he did in order to get the job…which he did get it. Is everyone okay with work experience being used in that way?

        Lying on job applications will continue to exist with or without Affirmative Action.

        • Jeff

          My example was in reference to a situation where the best candidate had to lie to get the job…your example was nepotism where someone’s friend was told to lie to get a job he was unqualified for. Completely different in all aspects.

          • Joe

            He was actually a great candidate (just had experience in other construction fields, not roofing). And still works for the company 15 years later. But he did lie to get the job. Same with your example. She probably was a great candidate (Who knows if the best? Did you see all the other applications?), but the hiring manager decided it was better to cheat the system than to hire another qualified candidate. There clearly had to be other qualified candidates, otherwise they wouldn’t have to jump through hoops.

      • PaulJ

        Isn’t the point of affirmative action to hire the right person (in other words requiring the hiring person to admit that some people have had to be more dedicated to get to where they can compete) ?

        • No, that’s not the point of affirmative action. In education, it’s to provide access to education to people who were historically denied it b/c of historical structural behavior

          • PaulJ

            So, it is not that the person’s negative cultural background must be recognized as positive qualifier; it is merely a blanket entitlement?

      • Tim

        If she was “by far the most qualified”, she wouldn’t have to check the box, because that’s not how the process works. Those things do add weight in the candidate’s favor, but it’s not going to put them ahead of someone with vastly more qualifications.

        • Jeff

          I’m not so sure, my friend who is a manager at that federal agency, said that his office would literally have no choice but to hire any disabled veteran who ever interviewed for a job…qualified or not.

          • DavidG

            The Veterans Preference
            is a completely unrelated program to Affirmative Action.

          • Tim

            And I’m pretty sure that if a position requires, say, a law degree, they’re not going to hire a disabled veteran with a HS diploma just because of their veteran status.

      • Kassie

        Lying on a job application is grounds for termination. With government agencies, it can also be against the law in certain circumstances.

        Also, unless you actually did this, you are just hearing “stories” from your, I bet, conservative friends. Show me real examples where this happens please, not just third hand rumors.

        • Jeff

          I can give you the name of the agency but I won’t give you the actual names of the people involved…to prevent doxxing and shaming…hopefully that’s enough for you.

          My story occurred at the Farm Credit Administration:
          https://www.fca.gov/

          • Kassie

            Then you should report the person for fraud. They will be fired.

          • Jeff

            Now what incentive do I have to do that? I’m not going to go out of my way to get people in trouble for subverting a law/rule I disagree with…that’d be like an abolitionist going out of their way to turn people in for subverting the fugitive slave act.

  • lindblomeagles

    Cannot really fault the shaming. There has been a lot of speculation, notably from Trump and the G.O.P. about Brown people in the news, like all Muslims are terrorists, all Asians are techies, all Latinos are illegally here to bring chaos to voting and the rule of law, and the old fashioned, since slavery, assumption Blacks are not qualified. I would take a lap too if it meant change was coming, but Trump is still in the race, and the G.O.P.is still blocking Judge Garland, avery good WHITE MALE candidate from the Supreme Court.

    • Jeff

      Not everyone sees every issue from the lens of race, people might disagree with Obama and his nominees due to their stance on issues. I mean seriously, Obama tried to pass unconstitutional immigration laws…he’s usurping his power and bypassing the legislative process.

      • lindblomeagles

        Jeff, we’ve been down this road before. First, the President of the United States makes laws just as much as Congress and the Supreme Court does. We used to celebrate one such Presidential figure who was famous for doing that on the $20 bill. His name was Andrew Jackson. And for the record, passing the Civil Rights Act of 1964 was Lyndon Baines Johnson. Conservative President Richard M. Nixon took the US off the Gold Standard. And Theodore Roosevelt went above and beyond the call of duty to reform the workplace and break trusts and monopolies. If you can’t Jeff bash WHITE Presidents for making law, I don’t want to hear you complain about President Barack Obama. Examine your own racial lens.

        • Jeff

          I disagree with Andrew Jackson’s policies…the Civil Rights Act was passed with more Republican votes than Democrats and it’s actual legislation, unlike Obama’s executive orders/memos, next we have Nixon taking us off the gold standard…which I’m ambivalent about, since it began with FDR’s executive order in 1933. Yeah, I’m okay with increasing competition as Teddy set up to do by busting up monopolies. I don’t like Carter’s policy positions either…I’ll bash white presidents too.