Racial Preferences

It’s Not Easy Being White!

Featured image Americans of Middle Eastern and North African descent, sometimes abbreviated as “MENA,” have a problem: they are white. In today’s world, that is a bad thing, as Pew explains: [F]or the census, since the beginning of the last century, the MENA community has been lumped into the “white” category. Back in 1909, such a designation made a lot of sense, but today, members of the MENA community are lobbying the »

Would the civil rights act of 1964 pass Congress today?

Featured image Today marks the 50th anniversary of the enactment of the Civil Rights Act of 1964. It passed Congress over the strenuous opposition, and indeed filibuster, of Southern Democrats. At Politico, Todd Purdum seizes on the occasion to argue that this landmark legislation could not pass Congress today. This is mainly true, he asserts, because “sometime in the 1980s” the Barry Goldwater wing of the Republican Party seized control causing the »

Massive resistance at UCLA

Featured image The regime of affirmative action — of preferences administered on the basis of race — is illegal in California. It nevertheless continues to operate, though it necessarily does so under conditions of secrecy and deceit. See, for example, Tim Groseclose’s Ricochet post “‘Independent study’ shows UCLA is cheating on admissions.” When it comes to persistence in unlawful behavior involving race, university administrators are a hard case. Professor Groseclose returns to »

Obama looks to bypass Congress and promote racial spoils in Hawaii

Featured image When we pledge allegiance to the flag, we also pledge allegiance to the Republic for which it stands — “one nation under God, indivisible, with liberty and justice for all.” The modern American left has put each of these qualities up for grabs. For example, implementing “social justice” would make it logically impossible to provide justice for all of us as individuals. The left is also unfavorably disposed to the »

Massive resistance at UCLA

Featured image The regime of affirmative action — of preferences administered on the basis of race — is illegal in California. It nevertheless continues to operate, though it necessarily does so under conditions of secrecy and deceit. See, for example, Tim Groseclose’s Ricochet post “‘Independent study’ shows UCLA is cheating on admissions.” When it comes to persistence in unlawful behavior involving race, university administrators are a hard case. Professor Groseclose returns to »

Eric Holder’s idiotic praise of Justice Sotomayor

Featured image As I noted here, Justice Sotomayor dissented from the Supreme Court’s decision upholding what should be a truism: the Constitution permits a state to prohibit race discrimination by public institutions. Sotomayor was joined by the ultra-leftist Justice Ginsburg. However, she failed to persuade the only moderately leftist Justice Breyer, who joined the 6-2 majority. Attorney General Holder calls Sotomayor’s dissent “courageous.” Her dissent is lots of things — verbose and »

The Constitution Is Still Constitutional, For Now

Featured image I think Scott was the first person I heard say that one day, the Supreme Court may rule the Constitution unconstitutional. That didn’t happen yesterday, when the court decided the Schuette case on a 6-2 vote, but it could have. The issue in Schuette was whether it is permissible for a state to prohibit race discrimination by public institutions. The majority held that a state can indeed ban discrimination on »

Voters can bar racial discrimination by their government, for now

Featured image The Supreme Court has upheld the constitutionality of a Michigan ballot initiative providing that the state, including state educational institutions, may not “discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education or public contracting.” It is shocking, but not surprising, that the constitutionality of such a proposition — which »

Deep secrets of affirmative action debated

Featured image Preparing to speak at the Federalist Society National Lawyers Convention this past fall, I read the astounding book Mismatch: How Affirmative Action Hurts Students It’s Intended to Help, and Why Universities Won’t Admit It by Richard H. Sander and Stuart Taylor, Jr. The book came out to wide acclaim in October 2012. Amazon does not indicate that a paperback edition is forthcoming. You might want to pick up a copy »

How Obama Thinks We Should Live: A Reader Responds

Featured image Paul’s dissections of the Obama administration’s “affirmatively furthering fair housing” initiative have been characteristically cerebral. But a reader responds a little more, shall we say, viscerally. Sit back and enjoy: Nothing surprising here–it’s the strategic end state, the logical culmination of the racially and economically just society…the final elaboration of the means to destroy the deep structures in society that produce most social evils, especially discrimination and racism from which »

Obama moves to impose his vision of how we should live, Part Two

Featured image I wrote here about the Obama administration’s proposed rule on “affirmatively furthering fair housing” (AFFH), an attempt to dictate how we shall live. I argued that, in essence, President Obama seeks to use the power of the national government to create communities of a certain kind, each having what the federal government deems an appropriate mix of economic, racial, and ethnic diversity. To get a good idea of what this »

Deep secrets of affirmative action

Featured image Preparing to speak at the Federalist Society National Lawyers Convention last month, I read the astounding book Mismatch: How Affirmative Action Hurts Students It’s Intended to Help, and Why Universities Won’t Admit It by Richard H. Sander and Stuart Taylor, Jr. The book came out to wide acclaim in October 2012. Amazon does not indicate that a paperback edition is forthcoming. You might want to pick up a copy of »

Obama moves to impose his vision of how we should live, Part One

Featured image As the end of the year approaches, we are waiting for the Obama administration to complete the process by which its rule on “affirmatively furthering fair housing” (AFFH) becomes embedded in the Code of Federal Regulations. In July, the Department of Housing and Urban Development issued its proposed AFFH rule for public comment. The rule was expected to be finalized this month. The AFFH rule is part of Obama’s attempt »

Bias in the air: Two footnotes

Featured image I want to add two footnotes to my talk at the Federalist Society National Lawyers Convention last week. I posted the text of the talk here. The Federalist Society has posted the video of the panel on which I spoke here. Footnote 1: I refer at the outset to “the ideology of diversity.” We are all familiar with it. As a wholly owned subsidiary of “multiculturalism,” these seem to me »

The war on standards, Dodd-Frank edition

Featured image The Obama administration is pressing ahead with its plan to impose racial quotas on the financial industry via the Dood-Frank law. Dodd-Frank requires agencies with financial sector regulatory responsibilities to “establish an Office of Minority and Women Inclusion” that will develop diversity and inclusion standards for workplaces and contracting. Accordingly, these agencies have published in the Federal Register a proposed “Policy Statement Establishing Joint Standards for Assessing the Diversity Policies »

Annals of the war on standards

Featured image I have written from time to time about the “war on standards” being waged by the modern civil rights movement — an attempt to bulldoze standards of conduct and achievement that stand in the way of equal distribution of society’s benefits and prizes to Blacks. Examples of such standards include, but are not limited to, (1) certain employment criteria — e.g., tests and criminal background checks — (2) some criminal »

Is Martin Luther King Jr.’s Dream Unconstitutional?

Featured image Disregarding race is the new “racism”: that is the position of the modern Left. Which raises the question: is it unconstitutional for American governments to treat members of all races equally? If you think that is an absurd question, you haven’t been paying attention. Via InstaPundit, this observation from Nick Rosenkranz at the Volokh Conspiracy: Fifty years ago today, Martin Luther King, Jr., spoke these immortal words: “I have a »