Hundreds of years ago, satirist Jonathan Swift described lawyers as “a society of men … bred up from their youth in the art of proving, by words multiplied for the purpose, that white is black, and black is white….” And evidencing that some things never change is the 6th U.S. Circuit Court of Appeals.
In an 8-to-7 decision, the court just declared Michigan’s constitutional amendment banning affirmative action (AA) unconstitutional, with multiplied words that molest reasonable minds. Fox10Tv.com writes:
The court said the 2006 amendment to the Michigan Constitution is illegal because it presents an extraordinary burden to opponents who would have to mount their own long, expensive campaign through the ballot box to protect affirmative action.
That burden "undermines the Equal Protection Clause's guarantee that all citizens ought to have equal access to the tools of political change," said Judge R. Guy Cole Jr., writing for the majority….
However bad AA may be, the “reasoning” of these judges is more troubling still. For their argument could be used to strike down any law. ObamaCare? Overturn it “because it presents an extraordinary burden to opponents who would have to mount their own long, expensive campaign through the ballot box to protect” healthcare choice.
Read the rest here.