Is This Racial Injustice at the Supreme Court?


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Claude Solnik
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Stop scratching on holidays
Published: June 1, 2012



Off Track Betting in New York State has been racing into a crisis called shrinking revenue. Some people have spitballed a solution: Don’t close on holidays.
New York State Racing Law bars racing on Christmas, Easter and Palm Sunday, and the state has ruled OTBs can’t handle action on those days, even though they could easily broadcast races from out of state.
“You should be able to bet whenever you want,” said Jackson Leeds, a Nassau OTB employee who makes an occasional bet. He added some irrefutable logic: “How is the business going to make money if you’re not open to take people’s bets?”
Elias Tsekerides, president of the Federation of Hellenic Societies of Greater New York, said OTB is open on Greek Orthodox Easter and Palm Sunday.
“I don’t want discrimination,” Tsekerides said. “They close for the Catholics, but open for the Greek Orthodox? It’s either open for all or not open.”
OTB officials have said they lose millions by closing on Palm Sunday alone, with tracks such as Gulfstream, Santa Anita, Turf Paradise and Hawthorne running.
One option: OTBs could just stay open and face the consequences. New York City OTB did just that back in 2003. The handle was about $1.5 million – and OTB was fined $5,000.
Easy money.

Biden could have simply selected a black woman, without demeaning the nominee and the court.

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The U.S. Supreme Court in Washington.

PHOTO: CHIP SOMODEVILLA/GETTY IMAGES

Regarding Jonathan Turley’s op-ed “A College Couldn’t Get Away With Biden’s High-Court Criteria” (Jan. 27): President Biden’s criteria for the Supreme Court is blatantly discriminatory toward the qualified noncandidates—the white females and the black and white males who will not even be considered for this vacancy.

It is also demeaning to the black women who compose this select group of candidates, by the inference that Mr. Biden needs to eliminate almost all the competition for them to be considered. Who wants to win a race that way?

Barbara Fotine Atkins

North Las Vegas, Nev.

Imagine the firestorm if I posted a national ad for a new CEO offering huge lifetime pay, extensive benefits and a chance to be famous, but said that I’d only consider candidates from one sex and one race, no others need apply. I would be sued by regulators and agencies at every level for my unlawful discrimination, be denounced by the public and shareholders as a racist and misogynist, be boycotted by consumers and be fair game for every lawyer in America. Of course, my name is not Joe Biden and I am not choosing for the Supreme Court.

Frank Louis Blair Koucky III

Carmel Valley, Calif.

Prof. Turley is right that “a college couldn’t get away with Biden’s high-court criteria.” Neither could a trial judge let a prosecutor get away with such announced racial criteria even for selecting a jury in a criminal case. Race may be in the prosecutor’s mind, but other reasons must be given.

President Franklin D. Roosevelt appointed Justice Felix Frankfurter to replace Justice Benjamin Cardozo, as President John F, Kennedy appointed Justice Arthur Goldberg to replace Frankfurter. Neither president announced they were filling the “Jewish seat” on the Supreme Court. President Biden could have made his point as effectively but less demeaningly to the ultimate nominee and the court, by simply selecting a black woman.

Brian R. Merrick

West Barnstable, Mass.

Mr. Merrick is a retired justice of the Massachusetts District Court.

Here’s hoping Republican senators are smart enough to prove wrong Prof. Turley’s prediction of “blood sport” at the eventual confirmation hearings. For the president’s appointment won’t change the court’s basic ideological balance, nor will it swing any case outcomes in the foreseeable future. Were a new justice to fall in with Sonia Sotomayor, it would not only exasperate compromise-seekers John Roberts and Brett Kavanaugh, and make them more likely to side with the court’s stauncher conservatives, but it could also make moderate voters more likely to notice the Democrats’ broader embrace of lawlessness.

With midterm elections fast approaching, there will be no better path for Republicans than to treat a black female nominee politely and confirm her 100-0. This would also make it harder for Senate Democrats to subject the next Republican nominee to preposterous gang-rape allegations or scrutiny of high-school yearbooks and calendars.

Darren McKinney

Washington

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Appeared in the February 3, 2022, print edition.