Category Archive 'Affirmative Action'

02 Aug 2017

Apparently, Some People Are Going to be Loved a Lot Less

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“March of Resilience” protesting Christakises’s calls for Free Speech at Yale.

Bill Jacobson reports that the Trump Justice Department may be about to start making colleges resume admitting people on the basis of the content of their character, rather than the color of their skin.

Chief Justice Roberts had it right: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”

If a report in the NY Times is accurate, the Trump administration is getting ready to take on the most precious of liberal dogmas, the institutionalized racial discrimination in college admissions, aka affirmative action.

The Times reaches the conclusion that affirmative action will be under attack, even though the documents it has obtained for its reporting don’t actually say that. The Times reports, Justice Dept. to Take On Affirmative Action in College Admissions:

    The Trump administration is preparing to redirect resources of the Justice Department’s civil rights division toward investigating and suing universities over affirmative action admissions policies deemed to discriminate against white applicants, according to a document obtained by The New York Times.

    The document, an internal announcement to the civil rights division, seeks current lawyers interested in working for a new project on “investigations and possible litigation related to intentional race-based discrimination in college and university admissions.”

    The announcement suggests that the project will be run out of the division’s front office, where the Trump administration’s political appointees work, rather than its Educational Opportunities Section, which is run by career civil servants and normally handles work involving schools and universities.

    The document does not explicitly identify whom the Justice Department considers at risk of discrimination because of affirmative action admissions policies. But the phrasing it uses, “intentional race-based discrimination,” cuts to the heart of programs designed to bring more minority students to university campuses.

There is the predictable freak out, particularly from virtue-signaling white liberals.

The Left is going to have a cow.

RTWT

14 May 2016

This Year’s Student Racial Uprisings Were Precisely Predicted 47 Years Ago

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YaleMarchofResilience
Yale Racial Protest, 2016

Jonathan Haidt demonstrates that that today’s climate of racial discontent on elite university campuses was predicted to occur at the very beginning of the adoption of large-scale Affirmative Action by those universities.

[I]n 1969, at the dawn of racial preferences,… Macklin Fleming, Justice of the California Court of Appeal …[wrote] a personal letter to Louis Pollack, the dean of Yale Law School. Fleming was concerned about the plan Dean Pollack had recently announced under which Yale would essentially implement a racial quota – 10% of each entering class would be composed of black students. To achieve this goal, Yale had just admitted 43 black students, only five of whom had qualified under their normal standards. …

Judge Fleming explained why he believed this new policy was a dangerous experiment that was likely to cause harmful stereotypes, rather than reduce them. …

    The immediate damage to the standards of Yale Law School needs no elaboration. But beyond this, it seems to me the admission policy adopted by the Law School faculty will serve to perpetuate the very ideas and prejudices it is designed to combat. If in a given class the great majority of the black students are at the bottom of the class, this factor is bound to instill, unconsciously at least, some sense of intellectual superiority among the white students and some sense of intellectual inferiority among the black students. Such a pairing in the same school of the brightest white students in the country with black students of mediocre academic qualifications is social experiment with loaded dice and a stacked deck. The faculty can talk around the clock about disadvantaged background, and it can excuse inferior performance because of poverty, environment, inadequate cultural tradition, lack of educational opportunity, etc. The fact remains that black and white students will be exposed to each other under circumstances in which demonstrated intellectual superiority rests with the whites.

But Judge Fleming went much further. He made specific predictions about what the new policy would do to black students over the years, and how they would react. Here is his prophecy:

    No one can be expected to accept an inferior status willingly. The black students, unable to compete on even terms in the study of law, inevitably will seek other means to achieve recognition and self-expression. This is likely to take two forms. First, agitation to change the environment from one in which they are unable to compete to one in which they can. Demands will be made for elimination of competition, reduction in standards of performance, adoption of courses of study which do not require intensive legal analysis, and recognition for academic credit of sociological activities which have only an indirect relationship to legal training. Second, it seems probable that this group will seek personal satisfaction and public recognition by aggressive conduct, which, although ostensibly directed at external injustices and problems, will in fact be primarily motivated by the psychological needs of the members of the group to overcome feelings of inferiority caused by lack of success in their studies. Since the common denominator of the group of students with lower qualifications is one of race this aggressive expression will undoubtedly take the form of racial demands–the employment of faculty on the basis of race, a marking system based on race, the establishment of a black curriculum and a black law journal, an increase in black financial aid, and a rule against expulsion of black students who fail to satisfy minimum academic standards.

If you read Judge Fleming’s predictions after watching the videos of student protests, and then reading the lists of demands posted at TheDemands.org, the match is uncanny.

Hat tip to Bird Dog.

07 Dec 2014

WaPO Editorial Demands Blank Check Credibility For Rape Accusations

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Zerlina-Maxwell
Zerlina Maxwell

Zerlina Maxwell appears regularly on Fox News, MSNBC, and is a commentator and guest host on Sirius radio’s XM Progress program. She writes as a political analyst for the New York Daily News, the Washington Post, and CNN.com. She has a B.A. in International Relations from Tufts, and J.D. from Rutgers.

Yesterday, Zerlina Maxwell argued, in the Washington Post, that we must always, as a default position, and regardless of due process, automatically believe that women who make accusations of sexual assault are telling the truth.

Many people (not least U-Va. administrators) will be tempted to see [the collapse of Rolling Stone’s UVA rape story] as a reminder that officials, reporters and the general public should hear both sides of the story and collect all the evidence before coming to a conclusion in rape cases. This is what we mean in America when we say someone is “innocent until proven guilty.” After all, look what happened to the Duke lacrosse players.

In important ways, this is wrong. We should believe, as a matter of default, what an accuser says. Ultimately, the costs of wrongly disbelieving a survivor far outweigh the costs of calling someone a rapist. Even if Jackie fabricated her account, U-Va. should have taken her word for it during the period while they endeavored to prove or disprove the accusation. This is not a legal argument about what standards we should use in the courts; it’s a moral one, about what happens outside the legal system.

The accused would have a rough period. He might be suspended from his job; friends might defriend him on Facebook. In the case of Bill Cosby, we might have to stop watching his shows, consuming his books or buying tickets to his traveling stand-up routine. But false accusations are exceedingly rare, and errors can be undone by an investigation that clears the accused, especially if it is done quickly.

The cost of disbelieving women, on the other hand, is far steeper. It signals that that women don’t matter and that they are disposable — not only to frat boys and Bill Cosby, but to us. And they face a special set of problems in having their say.

Maxwell’s perspective that the supposed injuries of female victims awards them a morally privileged status which supersedes principles of due process, fair play, and objective justice is really just a version of the subjective moral reasoning of the lower-class criminal, who argues to himself that he is entitled to attack and rob other people in the street, because some people were born richer than himself, because of how much he has suffered, and because nobody ever gave him the breaks he believes he deserved.

The idea of Affirmative Action surely was to take people from the welfare-dependent and criminal underclass and give them the kind of elite education that would make them into responsible citizens subscribing to conventional morality with a rational sense of justice and assimilated into ordinary American society. What has obviously happened in Zerlina Maxwell’s case is that she has brought with her from the Hood the simple-minded, narcissistic, and self-entitled perspective of the congenitally stupid and the habitually immoral and is making a profession of persuading the establishment intelligentsia that they should share the mental habit patterns of the mugger, the gang banger, the heroin dealer, and the pimp. She is assimilating them, rather than vice versa.

The Washington Post, however, found it had, in publishing Maxwell’s editorial, gone just a bit too far for the interests of its own credibility. After being mocked all day on Twitter, they changed the editorial’s headline from “No Matter What Jackie Said, We Should Automatically Believe Rape Claims” to “No Matter What Jackie Said, We Should Generally Believe Rape Claims”. SooperMexican

30 Jun 2009

Sotomayor Reversed Again

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Sonia Sotomayor: Wrong Again

Sonia Sotomayor’s dismal record of Supreme Court reversals is worse by one more. It now stands 6 out of 7, with the Court, however, unanimously rejecting her argument in the single ruling that was upheld. Sotomayor’s reasoning in that case, however, was not merely rejected. It was scathingly described as “fl(ying) in the face of the statutory language.”

Stuart Taylor Jr. explains that on rejecting Sotomayor’s ruling this time the decision was not even close.

The Supreme Court’s predictable 5-4 vote to reverse the decision by Judge Sonia Sotomayor and two federal appeals court colleagues against 17 white (and one Hispanic) plaintiffs in the now-famous New Haven, Conn., firefighters decision does not by itself prove that the Sotomayor position was unreasonable.

After all, it was hardly to be expected that the five more conservative justices — who held that the city had violated the 1964 Civil Rights Act by refusing to promote the firefighters with the highest scores on a job-related promotional exam because none were black — would endorse an Obama nominee’s ruling to the contrary.

What’s more striking is that the court was unanimous in rejecting the Sotomayor panel’s specific holding. Her holding was that New Haven’s decision to spurn the test results must be upheld based solely on the fact that highly disproportionate numbers of blacks had done badly on the exam and might file a “disparate-impact” lawsuit — regardless of whether the exam was valid or the lawsuit could succeed.

This position is so hard to defend, in my view, that I hazarded a prediction in my June 13 column: “Whichever way the Supreme Court rules in the case later this month, I will be surprised if a single justice explicitly approves the specific, quota-friendly logic of the Sotomayor-endorsed… opinion” by U.S. District Judge Janet Arterton.

Unlike some of my predictions, this one proved out. In fact, even Justice Ruth Bader Ginsburg’s 39-page dissent for the four more liberal justices quietly but unmistakably rejected the Sotomayor-endorsed position that disparate racial results alone justified New Haven’s decision to dump the promotional exam without even inquiring into whether it was fair and job-related.

It really ought to be a serious factor in the evaluation of a nominee for the Supreme Court that the person has compiled so consistent a record of decisions requiring reversal.

Ricci v. DeStefano

21 Aug 2008

Barack Obama, Affirmative Action Nominee

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Rush Limbaugh explains exactly how the democrat party may very possibly have snatched for itself another opportunity for landslide defeat by nominating a leftwing radical with little more than an undistinguished record as a State Senator from a safe-seat minority district for the Presidency on the basis of a single speech.

It is striking how unqualified [Sen. Barack] Obama is and, and how this whole thing came about with, within the Democrat Party. I think it really goes back to the fact that nobody had the guts to stand up and say no to a black guy.” Limbaugh went on to say: “I think this is a classic illustration here where affirmative action has reared its ugly head against them.

It is almost that simple. Obama’s candidacy, of course, also benefited from his personal ability to operate as a pop culture celebrity and his consequent utility as a fashion statement. Alas! he is rapidly becoming so last week. But, there is the consolation, that while while the Obama craze lasted, so many people could be proud of America for the first time.


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