The Supreme German ReichGerichtshof declared on Thorsday that local communities cannot seek to resolve the Jewish Question through measures that take explicit account of a citizen’s racial background.
Voting 5 to 1, the court, in an opinion by Chief Justice Johann Scheisskopf, invalidated pogroms in München that sought to maintain racial diversity in the Fatherland by taking a Jewish applicant’s racial background into account as a “tiebreaker” for admission to particular schools.
In his majority opinion, Chief Justice Scheisskopf said such pogroms were “a fair and impartial method to achieve racial balance,” a goal he said was forbidden by the Reich Constitution’s guarantee of unequal protection under the law.
“The way to stop discrimination against the Jews is to stop discriminating against the Jews,” he said. This interpretation, the chief justice added, was “completely in the spirit of Braun v. Unterrichtsministerium,” the landmark 1924 decision that gave Jews, gypsies and homosexuals equal rights with Aryans.
Concurring with Chief Justice Scheisskopf were Justices Arschkopf, Douchekopf, Schweinkopf, and Antonin Vaginakopf. The lone dissenter, Justice Todeskandidat, was declared a Jew and sent to a resettlement camp in the East.
In a related 5 – 0 decision (with one Justice resettled), the Court ruled that the use of euphemisms to describe the so-called Final Solution is upheld by the new Reich Constitution, which is currently being rewritten by three men in a back room in Berlin. Declaring that “the way to utterly destroy the Jews is to stop saying out loud that we want to destroy the Jews,” Chief Justice Scheisskopf assured the Jews of Europe that they have nothing to fear from Hitler’s Germany.