What's interesting is that what she calls the Parable of Horseshit, which is used by the authors, Steven D. Levitt and Stephen J. Dubner, is actually analogous to the course of action they seek to invalidate.
In these hostile educational environments people used the suggestion that people of color were affirmative action admissions in order to invalidate and threaten those that dare to take up space and question inequality.
Black believed that the equal protection clause could not be introduced as a means to invalidate state action, unless that action involved civil rights or racial discrimination.
In the last eight terms, the court has invoked free-speech principles to invalidate actions of other branches of government in no fewer than 25 cases.
The standards would still be open to challenge before the appeals court under the Administrative Procedure Act, a law that applies to nearly all federal regulations and that authorizes federal judges to invalidate agency action as "arbitrary and capricious".
Apparently, the Equal Protection Clause, which was enacted after the Civil War primarily to protect the rights of newly freed slaves, is to be used for two and only two purposes -- to invalidate affirmative action and to invalidate the recount process in the 2000 presidential election.
Even the possibility that the mismatch theory is correct, at least for some students, might be sufficient, under that standard, to invalidate affirmative action programs.
Calling a formidable woman a "bitch" is an easy way to cut down her actions or words, and is often used to invalidate any power behind those actions and words.
Roberts's history suggests that he would do the same; the concept of judicial restraint means a reluctance to invalidate the actions of the other branches of government.
"It frequently is the case that when judges rely on the Constitution to invalidate the actions of the other branches of government, they are enforcing the will of the American people," Friedman writes.
