In Berkeley Scofflaws I discussed the Pacific Legal Foundation’s suit against the Berkeley Unified School District for continuing to assign students to schools on the basis of race, despite the prohibitions Propostion 209 had written into law.
The School Board is still scoffing, and the judge hearing the case is considering whether to grant its request to dismiss the charges. And what does the Berkeley Unified School District argue in its defense?
… Jon Streeter, an attorney for the Berkeley school district, said Prop. 209 doesn’t apply to the Berkeley case because it is “trumped” by federal laws and international treaties, which obligate the district to alleviate segregated education.
Perhaps the BUSD should invite in UN peacekeepers to enforce those treaties. Or maybe it has already done so.
So just which treaties has the Nation of Berkeley signed?
Do you notice how similar this argument is to the one being made by the mayor of San Francisco with regards to gay marriage? If they don’t like a law they simply ignore it and claim that it violates some higher law. According to their logic, it is not necessary to get a court ruling in your favor. You simply abrogate any law that you don’t like.
Democracy. We don’t need no stinking democracy. We only follow the laws that we agree with.