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Ruth King

Supreme Court Upholds Affirmative Action in University Admissions In 4-3 ruling, court advises schools to continuously review race-based policies By Jess Bravin and Brent Kendall

WASHINGTON—A divided Supreme Court Thursday upheld racial preferences in public-university admissions, a defeat to a yearslong conservative drive to roll back affirmative action.

Writing for a 4-3 court, Justice Anthony Kennedy found that the University of Texas at Austin’s challenged plan passed constitutional muster because it was designed in a narrow way to improve diversity on campus. The school’s plan considered race as an additional factor when evaluating certain black and Hispanic applicants.

Justice Kennedy, joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor, said universities are defined by “intangible qualities…which make for greatness.”

“Considerable deference is owed to a university in defining those intangible characteristics, like student body diversity, that are central to its identity and educational mission,” Justice Kennedy wrote in a 20-page opinion.

At issue was a long-running lawsuit filed by Abigail Fisher, a white applicant who was denied admission by the University of Texas at Austin in 2008. She alleged that the state’s flagship university violated the Constitution’s equal-protection guarantee by giving an edge in admissions to black and Hispanic students.

​​“I am disappointed that the Supreme Court has ruled that students applying to the University of Texas can be treated differently because of their race or ethnicity,” Ms. Fisher said in a statement issued by the Project on Fair Representation, an organization that financed her case and has sponsored other litigation opposing government programs that benefit minorities. CONTINUE AT SITE

Britain Declares Independence The Tories should now strive to make the U.K. a pro-growth model.

The United Kingdom has always had Europe’s most robust democracy, and with Thursday’s vote to leave the European Union it has given its Continental peers a powerful example of the meaning of popular rule. Now we’ll see if the British have the wisdom to make the best use of their historic choice.

We argued earlier this week that Britain should remain in the Union. But we also acknowledged that it was a close call, and we did so more out of concern for the EU’s future than for Britain’s.

The Brexit vote deprives the EU of its second-biggest—and most dynamic—economy, with the strongest growth rate among Europe’s major economies and a record-setting employment rate of 74%. Government spending as a percentage of GDP has also come down to pre-financial crisis levels, again disproving the Keynesian doomsaying about the perils of fiscal “austerity.”

Brexit may encourage other states—the Netherlands is often mentioned—to debate their membership in the EU, especially if Britain does not suffer the economic and diplomatic catastrophes forecast by the Remain camp, starting with Prime Minister David Cameron and Chancellor George Osborne. Norway and Switzerland have shown it’s possible to have prosperity and security in Europe with less nannying by Brussels.

If the EU wants to prevent other countries from catching the Brexit bug, our advice is to avoid the temptation to punish the U.K. with an arduous renegotiation of terms for its re-entry into the common market. The perception of EU high-handedness is what alienates public opinion across the Continent. Brexit ought to be the wake-up call the EU needs to return to serving as a common market that encourages growth and competition, and not—as it has become since the late 1980s—an innovation-killing superstate obsessed with regulatory harmonization, tax hikes, green-energy dogma and anticompetitive antitrust enforcement.

London will have its own challenges. To adapt a line from Margaret Thatcher’s famous 1988 Bruges speech on Europe, Britain has not voted to free itself of a European superstate to see it return in the form of the nanny state exercising dominance from Westminster. CONTINUE AT SITE

NYC Has a New Bathroom Policy The city council tackles the issue of single-occupancy toilets. By Celina Durgin

The New York city council has approved a law requiring all single-occupant restrooms in private establishments to be gender neutral — a relatively simple way, according to the bill’s sponsor, Councilman Daniel Dromm, to make transgender and gender-nonconforming people feel welcome.

Dromm also said the measure honors the LGBT people killed in the Orlando massacre. The council approved the law by a 47–2 vote, and it will go into effect on January 1.

The law follows Mayor Bill DeBlasio’s March executive order requiring city agencies to make clear that people are allowed to use city single-sex facilities matching their gender identities.

Mayor DeBlasio has never explained how the city can possibly accommodate his order, given that proponents of the gender-identity doctrine almost uniformly believe that the gender binary doesn’t fully exhibit the range of gender identities, and therefore certain individuals cannot, strictly speaking, use the facility that matches their gender identity, since no such facility exists.

I give the NYC council members credit on their recent measure for tacitly recognizing that gender-neutral facilities are the only way to accommodate gender-nonconforming individuals, who do not find themselves at home in either the male or the female bathrooms. But this legislation also falls into the nonsensical.

Single-occupant bathrooms are often gender neutral to begin with. (This law would merely make this practice standard in NYC.)

American higher education sinks deeper into the muck. By Theodore Kupfer

A professor at the University of Northern Colorado assigned Jonathan Haidt and Greg Lukianoff’s “The Coddling of the American Mind” to his students — and watched as they proved the essay’s point.

According to a report obtained by Heat Street, students filed a complaint with the school’s “Bias Response Team” based on the professor’s lesson. The professor, whose name has been redacted, seems to have assigned the essay as part of a broader lesson about the value of debate: After reading “The Coddling of the American Mind,” students were instructed to chart out competing arguments on topics such as transgenderism, abortion, and global warming.

Doubtless, the professor intended to use those first-order issues as a bridge to the more challenging second-order question: Why does debating controversial subjects provoke so much controversy itself? Instead, he unwittingly gave the world more proof that American higher education has gone off the rails: The mere notion that people disagreed about such issues was, apparently, cause for an investigation. The Bias Response Team was put on the case.

What, precisely, is a Bias Response Team? Around the country, universities are increasingly using them as part of an effort to do . . . something. The University of Northern Colorado describes that something as follows in response to an inquiry: “The intent of the bias-response team is to facilitate discussions between members of the campus community when non-legal concerns of offensive behavior are reported.” UNC offers further assurance that “there’s nothing punitive about” Bias Response hearings, and that “this is about understanding, not punishment.”

Ideologues Make for Dangerous Politicians Opportunists are at least attuned to public opinion, unlike ideologues. By Victor Davis Hanson

Hillary Clinton is a seasoned liberal politician, but one with few core beliefs. Her positions on subjects such as gay marriage, free-trade agreements, the Keystone XL pipeline, the Iraq War, the Assad regime in Syria, and the use of the term “radical Islam” all seem to hinge on what she perceives 51 percent of the public to believe on any given day.

Such politicians believe truth is a relative construct. Things are deemed false by politicians only if they cannot convince the public that they are true — and vice versa. When the majority of Americans no longer believe Clinton’s yarns about her private e-mail server to the point of not wanting to vote for her, then she will change her narrative and create new, convenient truths to reflect the new consensus.

Donald Trump is an amateur politician but a politician nevertheless. He is ostensibly conservative, but he likewise seems to change his positions on a number of issues — from abortion to the Iraq War — depending on what he feels has become the majority position. And as with Clinton, Trump’s idea of truth is defined as what works, while falsity is simply any narrative that proved unusable.

Politicians glad-hand, pander, and kiss babies as they seek to become megaphones for majority opinions. But ideologues are different. They often brood and lecture that their utopian dreams are not shared by the supposedly less informed public.

After Fleeing the Nazis, a Legacy That Won’t Run Dry The frugal couple bumped into young Warren Buffett. Now they’ve left millions to Israeli water research.y Seth M. Siegel

http://www.wsj.com/articles/after-fleeing-the-nazis-a-legacy-that-wont-run-dry-1466722996 How does one overcome almost unimaginable horror and trauma? For Holocaust survivors Howard and Lottie Marcus, the healing came, in part, from the hope that they could help to provide refuge for other Jews who might find themselves at risk. But after restarting their broken lives in America, this modest couple could never have […]

The Long-term Menace of a Hillary Win: Decades of a Liberal Supreme Court by Liz Peek

Any day now the Supreme Court will rule on President Obama’s go-it-alone executive action protecting millions of undocumented persons against deportation. However it comes down, the decision will again inflame this bitterly divided nation; it will also remind moody Republicans why they must absolutely vote for Donald Trump.

Heads-up to Republicans queasy about Trump: there is no question – none at all – that Hillary Clinton’s picks to fill the seat of deceased Supreme Court Justice Antonin Scalia and other judges who may shortly retire would embed and extend President Obama’s progressive agenda for decades to come. If voters don’t like Obama’s single-handed upending of our immigration laws, his push towards Big Labor, or if they disagree with his purposeful extermination of U.S. fossil fuels industries, Donald Trump is their only choice.

Related: Here’s Why the GOP Dug in Its Heels on SCOTUS Nominations

Justice Ruth Ginsberg is 83 years old, Anthony Kennedy is two months away from turning 80, Clarence Thomas is nearly 68 and Stephen Breyer is 77. All could retire in the next four to eight years. Including Scalia, 3 right-leaning or conservative justices are likely to leave the court; were Hillary Clinton to nominate their replacements, there would be a 7-2 leftist majority on the court. Only Samuel Alito (age 66) and Chief Justice John Roberts (61) would tilt right. If Clinton picks candidates in their fifties, we’re talking decades of liberalism spilling from the bench.
Supreme Court Nominations By President | InsideGov

Over the past seven years, the Supreme Court has proved critical in confining an overreaching president. A Republican majority in the House and Senate has barely slowed President Obama’s legacy quest. Nor has the unpopularity of many of his priorities. Twice – in 2010 and 2014 — Obama was rebuked at the voting booth, in historic numbers. It deterred him not a whit.

The only brake on his go-it-alone presidency has been the Supreme Court. When Obama used a faux senate recess in 2012 to appoint three liberal commissioners to the National Labor Relations Board, the Court unanimously ruled (two years later) that he had violated the Constitution. This was a serious slap on the wrist, but also a speed bump, preventing that board from rapidly tilting our labor laws in the direction of France – that is, making our country all but uncompetitive.

Britain Is a House Divided The battle over whether to remain in the EU has turned remarkably nasty — with repercussions beyond the referendum. By Charles C. W. Cooke

London, England — I have been in England for only one-and-a-half days, and it is already clear to me that the Brexit debate has by no means represented business as usual. Customarily, British political affairs are milquetoast affairs, with little of the vitriol or panache that marks American politics. This one, though, is different. It is bitter. It is bad-tempered. And, for want of a better word, it is rude. All told, the British seem thoroughly fed up with the proceedings in general, and even more fed up with those who disagree with them as to the ideal outcome. Whatever happens tomorrow, reconciliation will be a protracted affair.

Almost all of my more cosmopolitan friends are for Britain’s staying in, and, when I express the opposite view, have a tendency to condescend. “Really?” they ask, eyebrows raised. “Really?” And then, their irritation rising, they look at me with a sort of detached fascination, as if I had just suggested putting erotically shaped ice cubes into the Pinot Noir. One woman, who has been a friend since we were both eleven, told me over coffee that I should reconsider my position because “all the smart people” are pro-Remain. Another, an extremely sharp pediatrician whom I would trust with my life, has been berating her pro-Brexit siblings for “canceling out” the “sensible votes” that she and her husband hope to cast. The charges of smugness, it seems, have not been overblown.

Nor, I notice, have the reports of reticence from the other side. Perhaps because they are expecting precisely the reaction I got, the Leavers of my acquaintance tend to start their explanations with an apology. “I’m sorry,” they say, “but . . . ”; “I just think that . . . ”; “I understand that this is tricky, however . . . ” Such is the cultural power of the BBC and the political class — both of which have done their level best to make Brexit seem outré — that some people I speak to pretend that they are on the fence when they are clearly not, and relax only when I volunteer that I’m pro-leaving and have been for as long as I remember. “Oh,” they say with a furtive look around, “well in that case.”

On the train from Huntingdon to London, I see these divisions in full bloom. Almost everyone is reading a newspaper — it feels a little as if I’ve stepped backwards in time, to the 1950s — and their choices betray their politics. Running my eyes across the carriage, I feel as if I am attending a bizarre, hyper-ecumenical protest march, at which anybody with a strong, 40-point-font opinion is welcome. From seat level, the front pages resemble low-slung protest signs: “Leave!” “Remain!” “Leave!” “Remain!” “Leave!” It is possible, I suppose, that the people sitting behind these slogans are less sure of their views than it appears, but you certainly wouldn’t know it from their conversations with each other, full as they are of hard-headed assurances and mild exasperation at any expression of dissent. The phrase, “no, but you see” is used a lot, along with the insistence — repeated as if by rote and used by both sides — that “they are just trying to scare you.” On the surface it is all very polite, as Britons typically are. But there is an edge this time — an edge I haven’t seen for a long time.

The ‘Arab Jew’ Invention of Bar-Ilan University’s Menachem Klein Stealing the anti-Zionist thunder from the Stalinists. Steven Plaut

When one contemplates the radical anti-Israel Left in Israeli academia, Bar-Ilan University (BIU) is not ordinarily the school that jumps to mind. Bar-Ilan is nominally an Orthodox religious school, although lots of secularists and non-Jews study and teach there. Bar-Ilan has fewer tenured anti-Israel leftists than do other institutions, but nevertheless it does have a few. Probably the worst is Menachem Klein from the BIU political science department.

Klein is one the leading Bash-Israel academics who has a special passion for the idea of dividing Jerusalem and removing Israel from its sacred shrines. The 64-year-old was the academic fig leaf for the anti-Israel “Geneva Initiative” of Yossi Beilin and the Far Left. When he was denied an academic promotion a while back, he publicly denounced Bar Ilan University as a thuggish institution.

A member of the board of B’tselem, Klein seems to have never met an anti-Semite he does not like. He favors Israeli leftists negotiating peace with Palestinians, by surrendering to their demands.

In recent years, Klein has devoted his energies to resuscitating the old Stalinist myth about Arab-Jewish euphoria before the rise of Zionism and especially the silly pseudo-history around the notion of the “Arab Jew.” Invented by a small group of Israeli Stalinists led by Tel Aviv University sociologist Yehouda Shenhav, these people claim that Oriental Jews are actually Arabs of the Mosaic persuasion. Never mind the proportion who would slap you silly if they hear you calling them Arabs of any sort. Shenhav has promoted his view that Asian Jews are Arabs in numerous articles and his book, The Arab Jews: Nationality, Religion and Ethnicity, won rave reviews from Arab extremists and from PLO front groups.

Israeli Left Implodes, Still Doesn’t Understand Why Might abusive rhetoric be part of the problem? P. David Hornik

Last June 8—four days before the terror attack in Orlando—two Palestinian terrorists from the West Bank opened fire in a Tel Aviv café, killing four and wounding six.

Tel Aviv mayor Ron Huldai, a member of the left-wing Labor Party, was quick to respond—by blaming Israel.

Saying that Israel was “maybe the only country in which another people is under occupation and in which these people have no rights,” Huldai continued:

We can’t keep these people in a reality in which they are occupied and expect them to reach the conclusion that everything is all right and that they can continue living this way…. I know the reality and understand that leaders with courage need to aspire to reach [an agreement] and not just talk about it.

Considering that Huldai is a public official, mayor of a major city, it is putting it mildly to say that his words were full of ignorance and distortions. Israel is not an occupier in the West Bank. There are, however, numerous occupied peoples in the world. Palestinians in the West Bank have the prerogative to elect their own government and many other rights. The large majority of Palestinians—and certainly the terrorists among them—reject any Israeli claim to any land. So many attempts—by Israeli, American, and other leaders—to reach an agreement with the Palestinians have been turned down cold that any realistic Israeli leader understands that, at least for the time being, it’s an impossible goal.

But beyond those points, there’s another: shooting up people in a café is a crime, known as murder. No claim of political grievance is exoneration for murder. That point is widely understood in civilized societies—though not by the mayor of Tel Aviv.

Huldai’s words, which sparked fury, would be less significant if they were an aberration. Unfortunately, statements of that ilk are typical of the Israeli left—including, amazing as it may seem, in the case of left-wing politicians seeking to gain public favor.

Ehud Barak, a lifelong Laborite, is a former prime minister and defense minister. Before leaving politics in 2013, he was Prime Minister Benjamin Netanyahu’s defense minister for four years. He was seen as Netanyahu’s close ally and fellow hawk on the Iranian issue, and worked hard—even dividing his party at one point—to keep Netanyahu’s coalition in power.

In a speech on June 16, Barak—who, as Netanyahu’s defense minister, had warned steadily that time was running out to stop Iran’s nuclear program—said that Israel faced “no existential threats.” He went on to accuse Netanyahu of “Hitlerizing” all threats to Israel, saying:

Hitlerization by the prime minister cheapens the Holocaust…. Our situation is grave even without [comparisons to] Hitler….