DOJ sends letter to Universities telling them to ignore SCOTUS ruling on using race in admissions…

I was listening to Attorney Joe DiGenova this morning on WMAL and he pointed out how the DOJ had recently sent a letter to universities telling them they could ignore the June ruling by the Supreme Court on using race in admissions. The Supreme Court, in a nearly unanimous ruling, said that universities could use race in admissions but not as a dominant factor. But in this letter the DOJ is instructing universities to continue with the same racial preferences that the Supreme Court had just barred them from using:

WSJ – Obama Administration regulators have made a specialty of ignoring Congressional intent, and even black-letter law. Now they’re showing the same disdain for the Supreme Court with advice to universities about interpreting racial preferences in the wake of June’s Fisher v. University of Texas ruling.

In a September 27 letter to university presidents, civil rights officials from the Departments of Justice and Education wrote that the Court’s decision in Fisher means that universities can continue with their same racial-preference policies. According to the Administration’s version of events, the ruling was merely a tweak on 2003’s Grutter v. Bollinger decision that racial preferences could be used to achieve “diversity” on campus.

That must be news to the Supreme Court, which in an 8-1 opinion by Justice Anthony Kennedy rebuked Texas precisely because it had failed to heed Grutter. That decision said schools could use race in admissions but not as a dominant factor. In practice, however, the University of Texas like most other schools implemented a race-dependent admissions program and figured no one would notice. In Fisher, Justice Kennedy called that unacceptable and ordered courts to give universities “no deference” in subjecting racial preference policies to “strict scrutiny,” or the highest level of judicial review.


DiGenova told WMAL that he predicts that in the affirmative action case with the University of Michigan, SCOTUS will slap down the DOJ in a ‘big way’ and may even quote that letter in their opinions. DiGenova went on to say this is an example of the arrogance of this administration, that they would even put such a letter on the public record instead of just whispering to universities to ignore it.

LISTEN (starts at 3:15):

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  • tinlizzieowner

    Obama and Holder’s ‘Just-Us’ Dept. at work again. 😉

    • josephmn

      Kong, Only two ways to solve the problem???? Neither of which have much chance of succeeding. No Kong, America has had a coup of socialists who have installed a socialist dictator. These bastards do not care about rule of law, election integrity, constitutional protections. I’m afraid the only avenues left are either bow down and kiss obumas ass or rise up as patriots and overthrow this cabal, repeal their socialist pronouncements, and edicts, try all of them for complicity to commit treason against these United States of America.

  • kong1967

    I don’t think Democrats will disagree with the letter. The end justifies the means, and they obviously don’t care when Obama bypasses the law or ignores it.

    We only have two ways to solve this problem. Gain enough seats in the Senate to impeach Obama, or vote in a conservative President in 2016. Until then, Obama will continuously ignore the law and the Senate will block any attempt of Congress to do anything about it.

  • NYGino

    It is now official. We are a country without law.

  • Sentinel

    Obama sure seems to think he’s above the law. In a related story, Obama wants his likeness on Mt. Rushmore. Check it out:

    • tinlizzieowner

      Good One. 😉 😉

  • Steve Angell

    DOJ will ignore the SCOTUS perhaps even disband them. We have a Dictator not a President.

    Heil Obama.
    Long live King Obama.
    The Mahdi lives his name is Obama.

  • Rshill7

    So, A lawless thug, working under another lawless thug, who is already in contempt of Congress, also wants to be in contempt of the Supreme Court?

    Most of us have held him in contempt since at least the time of the New Black Panther voter suppression lawlessness. I’ve held him in contempt since his first speech calling America a Nation of cowards. Based on what has happened with him, that feeling of his has grown exponentially hasn’t it, as no one has done a damn thing to hold him or that other lawless thug to account?

    They really are testing to see how far they can push the envelope aren’t they? It’s a good thing we still have freedom of the press, only now it isn’t the freedom of truth which gets through, it seems it’s only lying propaganda which gets through with complete impunity.

    That thing called the democrat party is a monolithic gang. A Marxist Mafia. The founders lived in a time in which honor was the stuff of elected officials and representatives. There is no honor in the democrat gang. It’s a gang where even the word dishonor has lost it’s definition. Where words, deeds, and laws, are meaningless.

    So, is that envelope they are constantly pushing, still made of durable stuff? No. It seems to be made of super elastic bubble plastic.

  • PuritanD71

    And our elected officials will just continue to ignore and allow them to do as they please. When will they care for the Law and obeying it????

    • Rshill7

      When they lose all fear of that word “racism”, and that other thing called the MSM.

      • PuritanD71

        In other words, NEVER!!! sigh…..

        How I wish there was an easier answer to this issue….I don’t see it but am sure that it is there somewhere

    • NYGino

      When they grow a patriotic spine and start thinking about the country instead of their political careers. BTW, the term “political career” should be meaningless. There should be NO political career. It should be ” temporary public service”.

      We are supposed to be a government of the people, by the people and for the people.

      • Rshill7

        Now it is a government which slays the people, zaps their spirit, and places burdens upon them, increasingly grievous to bear.

        My country ’tis of thee, get this government off of me.

      • PuritanD71

        Agreed Gino! The idea that the Feds can do as they please is overwhelmingly repulsive. Blocking the WWII memorial to kicking people out of their homes is reflective of a Fascist regime. NPS claims there is nothing they can do but follow orders….wonder if they need to reread about the excuses offered by people just following government orders during their Nuremberg trials.

        • NYGino

          Carried no weight then either, did it.

  • sjmom

    Hmmm. So if the govt can ignore the SCOTUS ruling on afffirmative action then we can ignore the ruling on Obamacare.

    • NYGino

      Good for the goose, good for the gander?

      • sjmom

        Why not Gino???? BTW how are you and are you a Giants fan or will you admit to being one right about now? Just kidding because the Eagles aren’t much better.

        • NYGino

          Look at my name sjmom, you’ll find the answer in capital letters. I’m not a fair weather fan, been through thick and thin with them, always will be. Thanks for asking though.

    • Bill

      AND immigration laws they don’t favor, gun control legislation they take action against, and voter registration regs they sue to disallow. Obama has created an atmosphere of disregard for establish law and Constitutional mandate. Re: Obamacare, he, Pelosi, and Reed have each said that “Obamacare is the law so get over it”…..sure!

    • Pyrran

      When YOU do that, you end up in prison, unlike some people in the so-called government.

  • NYGino

    A very often used Democrat refrain lately…”…it’s the law of the land..”
    What happened to that?

  • Bill in Tennessee

    The utter arrogance of this so-called “administration” is breathtaking. Mere impeachment is way too good for obama and his class of Liberal Loons. I’m thinking jail time or even Guantanamo Bay for Holder, Pelosi, Reid, and obama.

  • Press Watchusa

    I said this before – The only way to stop this –
    is to get control of the Senate in 2014 and maintain the House
    When that happens – Impeachment of both can proceed –
    but Holder will probably resign before that

    • tinlizzieowner

      Holder’s ‘Just-Us’ Dept. still hasn’t prosecuted the documented cases of (Democratic) voter fraud from Obama’s first election, much less the second one. 🙁

    • LoJoFo


  • despicablelowlifes

    More thwarting of the Rule of Law.
    Let me show you my shocked face. : I

  • All in a days work for the lawless, reckless, double contempt-ed Holder.

  • ctmom

    So we can ignore what SCOTUS said regarding Obamacare? I like these rules!

  • waffle_anna

    And here, once again, the thugs pick and choose which laws and rulings they will accept and follow… Seriously, who elected these buffoons?

    • Sunshine43

      We are all well aware of who voted for them!

  • Robin Carmack

    I think we should ignore the SCOTUS decision on Obamacare. I mean, isn’t that fair play?

    • GetWhatYouPayFor

      Beat me to it! My sentiments exactly.

  • badbadlibs

    holder should be in prison, he’s a criminal.
    Now, in the 21st Century we are getting first hand experience of what it’s like to live under true tyranny. This is how hitler came to power and every other two bit dictator.

    • Sunshine43

      Nailed it…….this is a carbon copy of Hitler’s tactics! Read Eric Metaxas’ book on Bonhoeffer! Exactly the same! (Not yet to the death camps though..may God save us!)

  • misterlogic0013

    to the end = I like that, well spoken ..

  • ODA315

    They’ll keep doing this until somebody gets a cellmate named “big Jerome”.

    • GetWhatYouPayFor

      Holder needs a cellmate named Hussein. They can pray together and maybe when he screws up he will get beheaded.

    • John Q. Jones

      Add in Bubba and Tyrone…heck, throw in Moochelle, too! AIR ASSAULT!

      • ODA315

        Actually, …….AIRBORNE!

        I guess I just dated myself.

        • John Q. Jones

          LOL!! That was good… I wear that patch proudly upon my no longer used (and no longer fits) Class A’s… 🙂

  • jgilman1

    Meh, Supreme Court rulings are only for Republicans.

  • FedUp

    We need “The Liberty Amendments” as proposed by Mark Levin!!!!!

  • suzy000

    I hope when SCOTUS is done, Holder is walking bowlegged!

    • lostdutchman

      And has a lifetime supply of ‘rubber donuts’

  • Press Watchusa

    Holder is the CO-KING

    He is the ENFORCEMENT BRANCH of the Gubmint

    He goes nowhere

    If the Republicans win the Senate –

    He will resign so he can’t be impeached

    • Sunshine43

      He will resign because he is a coward!!!

  • lostdutchman

    It is within the power of Congress to suspend or limit federal programs at Universities etc, so that is still a fearful consequence of following ‘their hearts’ to contemplate.

  • Jazzee

    wow so the supreme ct was right on the law of the land obamacare–can’t be changed or delayed BUT this piece of garbage holder is defying the supreme court??????????? well then here is a great comeback for the GOP

  • John Davidson

    Keep a close eye on this prick.

    • Grumpa37

      A close eye? No thanks.

  • MiketheMarine

    My guillotine should be here in 10 days.

  • USMC 64-68

    Just one more example of the utter corruption and lawlessness of Dear Leader and his administration. And yet, the Obamabots close their eyes to this and continue to worship their false god.

  • Sunshine43

    Not a surprise at all! Beck said several years ago that there would come a time when they would not beat around the bush! They would come right out and say it! We’re at that point!
    “Fundamental change”…….we are there!

  • Fred Flint

    And here i thought it was the law of the land approved by SCOTUS, oh, that only applies to Obamacare.

  • Grumpa37

    It can’t have been accidental. Some force for good and justice must have put Eric Holder beside Ted Cruz on the Right Scoop “menu.” Mr DiGenova said all that needs to be said about Holder’s letter to universities. It just took me some time to think up a reason for Holder to wake up tomorrow — and there is one! We need him properly incarcerated for display as a truly egregious example of abuse of power. Our present executive branch could provide a whole rogue’s gallery, but Holder should have a special position… in the deepest, darkest, wetest well from which he could be seen and fed with tidbits by his adoring public. Now applaud Ted Cruz.

  • bittman

    This is as bad as what the DOJ is doing about states requiring voters to show IDs before voting. I guess Holder just wants to make sure an election of another Al Frankin is possible in the future.