Racial Preferences

“Extremely proud,” but keep it quiet

Featured image Last week Alpha News reported on the blatantly racist contract provision in the new teachers’ union contract with the Minneapolis school district. John drew attention to the Alpha News story the same day. The contract provision is not only blatantly racist, it is blatantly illegal. Alpha News (on whose board I site) performed a public service in reporting on the provision and it has since become a national story. Teachers’ »

Is Race Discrimination Illegal?

Featured image The answer to that question is, sometimes. One would think this is clearly such an instance: Minneapolis teachers union contract calls for layoffs of white teachers first. That sounds like naked race discrimination by a government entity, but is it illegal? First, some facts: A Minneapolis teachers union contract stipulates that white teachers will be laid off or reassigned before “educators of color” in the event Minneapolis Public Schools (MPS) »

Flashback: The 1969 Prophecy of the Corruption of Affirmative Action

Featured image With Supreme Court oral arguments now scheduled for the Harvard and University of North Carolina affirmative action cases, I’ve started reading through some of the amicus briefs filed in the case, and will comment on some of them in due course. Meanwhile, an exchange of letters between Macklin Fleming, a Justice of the Court of Appeals, State of California at Los Angeles, and Louis Pollak, Dean of the Yale Law School, that was »

Progressive Ideology Is a Lie

Featured image David Horowitz throws a cold dash of reality onto the shibboleths of progressive dogma. Are progressives crazy? No, David says, the truth is worse than that. Perhaps the most common conservative reaction to progressive ideas is one of bewilderment. They’re from a different planet, inhabit an alternate universe; they’re insane! Even moderates employ these phrases to express their inability to understand the progressive mentality. And this is so even in »

CRB: “The immortal Sowell” & more

Featured image I’ve been presenting previews of the Claremont Review of Books for more than 10 years. I am taking a break from promoting my favorite magazine that is in part prompted by “the Claremont question” that Steve Hayward raised with CRB editor Charles Kesler and Berkeley Law’s Emanuel S. Heller Professor of Law John Yoo in Steve’s March 17 podcast. The CRB editors have posted the following highlights of the current »

Lindsey Graham is confused about affirmative action

Featured image Sen. Lindsey Graham has long believed that a president’s judicial nominees should receive great deference from the Senate. He has made this clear over and over, both for nominees of Democrats and nominees of Republicans. For example, he defended his vote to confirm Justice Sotomayor on that basis. Graham’s view on the matter used to be shared by the vast majority of Senators. Today, almost no Senator really holds it, »

Meritocracy at Brooklyn Tech

Featured image The virtues of a meritocracy may be lost on Harvard students like that “queer Middle Easterner,” but they come through clearly in this excellent New York Times article by Michael Powell. His piece deals with the subject through the lens of Brooklyn Tech, an elite New York City high school from which one of my cousins graduated in the 1960s. Brooklyn Tech hasn’t yielded to demands that it stop admitting »

Nine Harvard students can be wrong

Featured image They used to say that 1,000 Frenchmen can’t be wrong. But what about nine “diverse” Harvard students? The Harvard Gazette, a house organ that’s sent to every Harvard alum (including four current Supreme Court Justices), presents an article with the title “Students call ensuring diversity on campus vital.” The piece purports to describe the position of Harvard students regarding their college’s preferential admissions policy, a challenge to which is now »

The Underhandedness of Affirmative Action in One Chart

Featured image “The Underhandedness of Affirmative Action” is the title of Harvey Mansfield’s prescient article in National Review way back in 1984 (unfortunately not available online easily that I can find). A key sample: To understand the threat [that affirmative action poses to constitutional government], let us return to the necessity that affirmative action conceal the help it renders its beneficiaries. As a policy, it cannot claim success, because to announce an »

The politics of replacing Breyer, Part Two

Featured image The Washington Post continues to maintain that Joe Biden has Republicans right where he wants them, thanks to his decision to appoint a black women to the Supreme Court. This article by Mike DeBonis is called (in the paper edition) “Supreme Court battle puts Republicans on the spot.” Dan Balz’s article is called “Breyer’s retirement gives Biden a fresh opportunity for a badly needed victory.” But I continue to believe »

Resisting Supreme Court anti-discrimination rulings, then and now

Featured image After the Supreme Court’s decision in Brown v. Board of Education, the Commonwealth of Virginia adopted a policy of “massive resistance” to school desegregation. The resistance was about finding ways to circumvent the Court’s ruling. It included a law forbidding any integrated schools from receiving state funds and authorizing the governor to close any such school. Virginia also adopted tuition grants to enable students to attend private, segregated schools. Now, »

Affirmative action revisited

Featured image Linda Brown was the young girl who gave her name to the four cases consolidated for consideration in Brown v. Board of Education, the 1954 Supreme Court case that effectively invalidated the regime of public school segregation. She died in 2018 at the age of 75 or 76. Neil Genzlinger’s New York Times obituary recounted her story. Genzlinger dealt inadequately with the Brown case. “In its ruling,” he wrote, “the »

Harvard’s president whines about Supreme Court’s cert grant

Featured image Yesterday, the U.S. Supreme Court granted certiorari in Students for Fair Admissions v. Harvard, a case challenging Harvard’s use of racial preferences in admissions for the benefit of Blacks. Today, Harvard’s president, Lawrence Bacow, sent a message to the Harvard community bemoaning the cert grant. By my count, the letter must have gone to four members of the Supreme Court by virtue of their having attended Harvard (and in one »

Harvard’s discrimination against Asian-Americans in a nutshell

Featured image Following today’s decision by the Supreme Court to hear its case against Harvard, Students for Fair Admissions released a video describing how Harvard discriminates against Asian-Americans who seek admission. The video puts a human face on Harvard’s insulting and racist treatment of this whole category of applicants. Those interested in quantifying the extent of racial discrimination at top Ivy League schools can consult this post. It shows just how much »

Supreme Court will hear race discrimination in college admissions cases

Featured image Today, the U.S. Supreme Court granted certiorari in Students for Fair Admissions v. Harvard and Students for Fair Admission v. University of North Carolina. These cases allege racial discrimination in college admissions. The two university defendants, Harvard and UNC, prevailed in the lower courts. But now they must defend their blatant racial discrimination before a conservative-leaning Supreme Court. We have written pretty extensively about the Harvard case. Some of our »

Minnesota Backs Off On Race Discrimination

Featured image I wrote here about the fact that the State of Minnesota, under Governor Tim Walz, was engaging in blatant race discrimination in the distribution of monoclonal antibodies as a treatment for covid. In determining eligibility for such treatment, the state awarded points simply for being “BIPOC,” thereby irrationality and illegally discriminating against whites. As a result of criticism by me and others, as well as threatened civil rights litigation, the »

Uses and abuses of the past

Featured image Lani Guinier, the law professor and civil rights attorney, died on January 7. The Washington Post’s obituary is here. The Post uses its obituary to settle old scores against Republicans and to make political/ideological points. Accordingly, the obit begins this way: Lani Guinier, a lawyer whose innovative and provocative writings on racial justice and voting rights were used to undermine her nomination to lead the Justice Department’s Civil Rights Division »