Yesterday I was watching the Melissa Harris Perry (MHP) Show and legal scholar Kenji Yoshino talked about a possible paradox at play in regards to the Supreme Court (SCOTUS) ruling on Prop 8 (and the other case that no one seems to reference by name). He brought up the following point: a group has to have a significant amount of political power in order to even make it to the Supreme Court, who will rule on whether they are being discriminated against. This can be restated as,
“A group must have an immense amount of political power before it will be deemed politically powerless by the Court.”
I can’t find the exact clip, though here is Sunday’s MHP show. And since I was forced to search the internet for another mention of Yoshino’s quote, I stumbled across a law review article he wrote on the topic (no pay wall!).
Today I was reminded of this paradox as I logged onto Facebook and was greeted with a newsfeed awash in red and pink:
(more after the jump)