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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Monday, June 23, 2003

Affirmative Action, Internet Filters, and Nazis: I discussed the affirmative action rulings here [summary] and here [Justice Thomas' use of Frederick Douglas]. The Internet filter ruling was discussed here [summary] and here [internet as public fora and libraries as 1A defenders].

To summarize: the affirmative action ruling was an acceptable compromise by striking down a policy that gave minorities an automatic twenty points (but see here) but upholding a more individualized program for law schools ... which are different (less nonracial solutions, narrower problems, etc.) from undergraduate schools anyway. The filter plurality went much too far in saying the internet is not a public forum and that libraries might not have First Amendment interests. Anyway, filters burden adults and (as ignored by all the opinions) mature teenagers as well.

Of the other lesser reported rulings, one worthy of note is a 5-4 ruling (the dissent was written by Justice Ginsburg with Justice Stevens, Scalia and Thomas in agreement ... not a batch that dissents together that over!) which struck down a Californian policy of requiring any insurer doing business in that state to disclose information about certain policies sold in Europe between 1920 and 1945 as an interference with the President's role in foreign policy. The majority/dissent basically disagrees on the nature of said policy ... all the same, unless executive agreements or treaties run counter to what California is doing, it should have the right to conduct its business as it sees fit. The case reminds me of a case that struck down Massachusett's ability to boycott Burma ... where is this interest in states' rights we hear so much about? The same can be said by the 6-3 ruling limiting the discretion of local libraries to decide on their own how to filter their computers without worrying about important funds being cut.

Sports Update: Before the rainout, the Mets seemed to be showing life vs. the Yanks ... they matched them well on Sunday too ... until Benitez could not get that final strike. I honestly don't know why we keep on hearing about the Yanks wanting him ... he continuously shows an inability to perform at key moments. The error assisted meltdown in the 11th suggests, of course, he isn't alone in this department. At any rate, after a good road trip, the Mets are back to losing. Take the good when we can get it, I guess. It is notable, as well, that Clemens lost again today (vs the Devil Rays) 4-2, making his record 7-5. The bullpen often didn't help him, but his decision to retire after this year might be sound ... his habit of not quite making it is starting to be just that ... a bit of a habit.