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Will Elizabeth Warren be decisive factor in Fisher v. U. Texas?

Will Elizabeth Warren be decisive factor in Fisher v. U. Texas?

Cited in four briefs for absurdity of racial preferences.

In case you haven’t heard, lily white Elizabeth Warren got herself listed as a Minority Law Teacher and Woman of Color by falsely claiming to be Native American, even though she clearly did not meet the definition used by Harvard and the EEOC.

Warren was reported by both the U. Penn. and Harvard Law Schools as Native American in their federal filings, and also was touted by Harvard as a Native American hire.

Fast forward to Fisher v. U. Texas, involving the objection by a white student that she was the subject of unlawful discrimination in admissions.  The Fisher case puts the entire affirmative action agenda at risk, and a key part of that are the shifting and drifting notions of who is a racial minority and whether discrimination on the basis of race in admissions against whites any longer can be justified.

Elizabeth Warren has been used as an example of the absurdity of modern racial preferences in at least four of the Amicus (“friend of the court”) briefs filed in the case.

Judicial Watch noted the absurdity of race-based preferences by asking the Court to “[i]magine a freshman class at the University comprised of 6,715 Elizabeth Warrens” (emphasis mine):

The recent controversy over former Special Advisor to the Secretary of the Treasury and U.S. Senate candidate Elizabeth Warren highlights multiple ambiguities inherent in the University’s reliance on undefined, self-identified, and inherently ambiguous categories of race and ethnicity in its admissions policy. Based on nothing more than “family lore” and “high cheek bones,” Ms. Warren claimed, perhaps quite sincerely, that she was 1/32nd Cherokee and therefore a Native American and a minority… Under the University’s policy, an applicant who similarly identified herself as an “American Indian” based on “family lore” and “high cheekbones” would gain a “plus” factor toward admission, but an identical applicant without this same “family lore” or “high cheek bones” (or who was unaware that one of her 32 great-great-great grandparents happened to be Cherokee) would not. Imagine a freshman class at the University comprised of 6,715 Elizabeth Warrens, all identical but for the difference in the race or ethnicity of a single great great-great grandparent…. How much additional diversity would the University have achieved by taking the race and ethnicity of these students into account in the admissions process?

[My note, the assertion that Warren even was 1/32 Cherokee has been debunked.]

The Texas Association of University Scholars referenced Victor Davis Hansen’s discussion of Warren, noting how racial preferences can be used and then dropped when no longer needed (emphasis mine):

Historian Victor Davis Hanson summed up the damage that race based programs have caused to the United States:

Identities . .. are sometimes put on and taken off, like clothes, as elf-interest dictates-given that thy are no longer ascertainable by appearance. If that sounds crass or unfair, ask Elizabeth Warren who dropped her Native American claims as soon as she received tenure and found her 1/32 con suddenly superfluous-to the apparently similarly cynical but now mum employer Harvard [Law School] … [N]o on knows who qualifies as an oppressed victim… The real worry is that soon we will have so many recompense-seeking victims that we will run out of concession-granting oppressors. Wall Street Journal, page A15, May 14, 2012.

The CATO Insitute cited Warren for the point that racial classifications have become arbitrary:

And, of course, the assignment of race to individual applicants, for purposes of tabulating a “critical mass” and applying preferences, may be no less arbitrary.  E.g., Laura Padilla, Positionality: Situating Women of Color in the Affirmative Action Dialogue, 66 Fordham 898 (1997) (“Harvard Law School hired its first woman of color, Elizabeth Warren, in 1995.”).

The most brutal assessment was by attorney David Boyle, a self-described supporter of affirmative action, who worried that examples like Warren may tarnish those who affirmative action legitimately assists (emphasis mine):

Of late, there has been controversy about the supposed Cherokee heritage of Harvard law professor Elizabeth Warren. While many do wonder about just how she considers herself Cherokee, her unusual case does not give reason to penalize others, including “full-blooded” blacks, Latinos, or Native Americans, by taking away their affirmative action. Warren can be punished (if need be), by public ridicule or otherwise, without less-privileged persons having to suffer needlessly.

Isn’t that the point that liberals in Massachusetts are missing?  Warren’s ethnic fraud did more to undermine affirmative action than any alleged “right wing” conspiracy.

When someone like Warren can lay claim to being a “woman of color” for diversity purposes, then diversity has lost all meaning.

It will be interesting to see if any of the Justices picks up on the Warren example.

I know one who will not touch it, former Harvard Law School Dean Elena Kagan, who likely signed some of those reports listing Warren as Native American.


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The quotes are rife with distracting typos.

    I am not sure how much this hurts Warren. The mayor of New York does not like her? That might actually help, even if it is from Bloomie.

    Still, it is telling.

From the very beginning, I have believed that the affirmative action was wrong with justification and wrong with regard to effect.

Every time that I applied for employment, that little form on race became the kiss of death.

Employment or anything else for that matter should be a subject of qualification period. But since is is not, one can see the effect that it has had over the years, a dumbed down workplace and a dumbed down America.

Elizabeth Warren is a prime example of that..

“Will Elizabeth Warren be decisive factor in Fisher v. U. Texas?”

Now THAT would go far to encourage my belief in metaphysical justice!

As an aside, “affirmative action” is just codified discrimination. There is no such thing as “reverse discrimination”, any more than there is “reverse death”, or “reverse pregnant”.

You reverse discrimination by equality.

“When someone like Warren can lay claim to being a “woman of color” for diversity purposes, then diversity has lost all meaning.”

Diversity lost all meaning when institutions, government and corporations initiated quotas and reverse discrimination against white applicants, by having 97 races that qualify for “reverse discrimination” quotas.

And still Dizzy ms. Lizzy continues to pull down the Big Cheque’s from Harvard ,Traveler’s and others in collusion to take care of their own. Ain’t privileged Amerika great ! Coming soon to a corrupt Harri Reid Senate for you!

Hanson is brilliant!

Identities . .. are sometimes put on and taken off . . .If that sounds crass or unfair, ask Elizabeth Warren who dropped her Native American claims as soon as she received tenure and found her 1/32 con suddenly superfluous-to the apparently similarly cynical but now mum employer Harvard… The real worry is that soon we will have so many recompense-seeking victims that we will run out of concession-granting oppressors.

And that last line evokes the famous thought from Alexander Fraser Tyler, 18th century Scottish historian about the tipping point that will end our democracy:

A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves money from the Public Treasury. From that moment on, the majority always votes for the candidate promising the most benefits from the Public Treasury with the result that a democracy always collapses over loose fiscal policy always followed by dictatorship.

I listened to the podcast of the oral arguments for Fisher v. U Tx. When it comes to interrupting the person with the floor the Justices make Biden and Raddatz look like wallflowers.

On a related note:
It looks like someone had filed through a Harvard Whistleblower Hotline about Warren, and it’s dated September 5, 2012. IMHO, an interesting document…

    Cassie in reply to SueAnne. | October 22, 2012 at 1:05 pm

    Interesting is right. The fact that this complaint was filed by someone who is apparently a member of the Harvard faculty gives it more traction than a thousand requests from reporters.

    At this point I imagine that the people running Harvard Law School are fervently hoping that Elizabreth Warren will be elected Senator from Massachusetts, at which point they will quietly retire Warren from the faculty and never, ever have anything to do with her again – except of course for fundraising.

    Already the door that Warren used for herself has been closed off: the Harvard application now requires that students provide their Tribal I.D. number in the place where they check the box…

    Please indicate how you identify yourself. (Check one or more and describe your background.)
    American Indian or Alaska Native (including all Original Peoples of the Americas)
    Are you Enrolled?  Yes  No If yes, please enter Tribal Enrollment Number: ____________________________

      Shirley_1234 in reply to Cassie. | October 22, 2012 at 1:20 pm

      Student have had to provide proof of actual tribal registration to many colleges for a while now. It is because the colleges have to verify it to get the federal money for financial aid and such. Professors, on the other hand, don’t have to provide proof of it.

    george in reply to SueAnne. | October 22, 2012 at 1:10 pm

    WOw , this is a detaikled 73 page complaint well written etc. Hope Prof Jabobsen does an article on this


    Even before Professor Warren’s misrepresentation, Harvard has known for many years about the bigger problem in academia and “open secret” of significant misrepresentations of minority status by applicants for employment and admissions. The problem is most prevalent in highly-competitive schools like ours. The fraud especially involves claims to be American Indian in order to obtain benefits or positions intended for legitimate underprivileged minorities. As discussed in the Brief, admissions officials and Native Americans have been complaining of this for decades. This problem, of which Professor Warren’s misrepresentations are emblematic, makes Harvard’s EEO reports to the Federal government even more inaccurate and misleading. But Harvard has largely ignored the problem in spite of its legal obligation to diligently and affirmatively address it.

    and this

    For years leading up to her hiring in 1992, it is widely known that Harvard Law School (“HLS”) had been involved in a bitter public controversy over its lack of any minority women faculty. HLS claimed its affirmative action plan had hiring a minority woman for its faculty as a top priority. Presumably its recruiters did what recruiters do in that situation. They would have consulted a listing of minority law professors to generate prospects to be recruited. Professor Warren had listed herself as a minority in that reference book. It is logical to expect that is how Warren came to be considered. But Professor Warren says she did not claim to be a minority in order to get prestigious jobs at Penn and Harvard. To some that may be credible, but courts say the more logical conclusion is that a person intends their knowing misrepresentation to have its natural effect. By claiming to be a minority, at a minimum, employers and prospective employers allowed Professor Warren to be considered ahead of others, and her misrepresentation displaced at least one legitimate minority candidate.

    ReneeA in reply to SueAnne. | October 22, 2012 at 4:51 pm


    Everyone please read it.

Well, it may her most positive contribution yet.

Lizzie Warren took an axe, gave Affirmative Action 40 whacks. When she saw what she had done, she gave “You didn’t build that 41.”

Finally, the TRUTH of how the lunatic-left’s favorite form of discrimination, AFFIRAMTIVE ACTION SPECIAL TREATMENT / RACIST RACIAL QUOTAS, have hurst the lives of those given this privilege, as well and the schools and society that must cope with its harmful results…

“Mismatch: How Affirmative Action Hurts Students It’s Intended to Help, and Why Universities Won’t Admit It,” October 2012, by Richard Sander and Stuart Taylor Jr.

The authors cut through the lies and BS that the lunatic-left has been saying for decades and use documented facts and case studies to show the horrific consequences of this ill-conceived, immoral form of discrimination. The common result of affirmative action discrimination is a “mismatch” between the privileged situation that it grants to certain minorities and their ability to fulfill the normal expectations of that situation. Although the authors do not use him as an example, OBOZO is certainly the poster-boy for the ill effects and bad consequences that affirmative action special treatment can have (“mismatch” = “in over his head”). Had OBOZO not had the privileges afforded by this discrimination against other, more academically qualified people, he might well had gone into a career that was a better match to his actual skills and abilities (like golf caddy, another race hustler on msnbc, a Planned Parenthood abortion assistant, an “eye candy” model for Ebony magazine, etc.) and would have been successful, instead of being a compete and total failure as THE WORST PRESIDENT IN AMERICAN HISTORY, which has resulted in economic and financial hardship, pain and suffering to millions of Americans and even the deaths of at least five Americans due to his failed policies.

Jack The Ripper | October 22, 2012 at 2:49 pm

This is a serious topic, but it is absolutely impossible to resist being a bit of a pig:

A freshman class of 6,715 Elizabeth Warren’s? Would I be the only male and would there be lots and lots of free liquor as well as free contraception? If not, would there be some goats or sheep, and prophylactics?

On a more serious note: A freshman class of 6,715 socialist, elitist, know-better-than-you, bien pensent, recipe cribbing, sloppy researching, lazy but overdemanding (compensation), posturing, cheating, self-aggrandizing, hypocritical poseurs, who look like the girl’s baracks at a 1930s-1940s Hitler youth camp? What fun!

How about all of the flight attendants on your flight being Elizabeth Warrens?

Oh, sorry, I guess I failed to adress the race/ethnicity issue; I am gueesing that other students and faculty and airline passengers would be just as annoyed as I, regardless of their race, nationality, ethnicity, creed, gender or sexual orientation.

In honor of Halloween, how about a freshman class of 6,715 Elizabeth Warrens, Sandra Flukes, Nancy Pelosis, Gloria Allreds, Whoopi Goldbergs, Rachel Maddows, Barbara Streisands, Eva Longorias, Andrea Dworkins, Chuck Schumers, Harry Reids, James Carvilles, Bill Moyerses, Al Sharpton, Louis Farrakhans, Bill Burtons, Ward Churchills, and that fount of foolishness, Robert Jensens?

Jack The Ripper | October 22, 2012 at 9:49 pm

Will Elizabeth Warren issue a statement on the passing of American Indian activist Russell Means, attend a service for him, or serve as the spiritual godmother of Occupy Mayflower on Thanksgiving Day to highlight injustices towards native Americans?

TrooperJohnSmith | October 22, 2012 at 10:58 pm

“Hey, look Ma! Massachusetts swapped their bloated, drunk-driving, (wo)manslaughter-prone Senator for one that’s a laughable footnote to a Supreme Court Case!”

Maybe you should change the name from Commonwealth to Comicwealth.