Fox host Brian Kilmeade insisted that college admissions offices employ a "quota" system based on race, despite the fact that racial quotas in education have been illegal since 1978.
On the November 20 edition of "Fox & Friends," Kilmeade interviewed former college counselor Lacy Crawford about her book Early Decision. In response to a story about a parent who lied about her son's race on a college application to improve his chances for admission, Kilmeade proclaimed it was "because schools have quotas!" This has not been true since 1978, when the Supreme Court ruled in Regents of the University of California v. Bakke that it was unconstitutional for institutions of higher education to reserve a certain number of seats for students of color. Appearing uncomfortable, Crawford didn't bother to correct Kilmeade, saying only, "Well, 'quota' is a complicated word."
Immediately after President Barack Obama nominated the highly-qualified and widely respected Debo Adegbile to be the next assistant attorney general for civil rights at the Department of Justice, right-wing media attacked this top lawyer of the NAACP Legal Defense Fund for purportedly being a "racialist."
Writing on an obscure right-wing blog, J. Christian Adams, a frequent Fox News guest who served in the highly politicized and disgraced Bush-era DOJ and "whose claim to fame as a federal lawyer seems to be his penchant for accusing black people of discriminating against whites," accused Adegbile of "racialis[m]" and the venerable NAACP Legal Defense Fund of a "radical racial agenda." From a November 14 post on Pajamas Media:
Adegbile hails from the NAACP Legal Defense Fund, an organization that has pushed a radical racial agenda including attacks on election integrity measures, opposition to criminal background checks for hiring, and racial hiring quotas for state and local governments.
Adegbile's name was mentioned as a possible nominee to the federal bench. Because of his advocacy for racialist policies, such a nomination would face serious confirmation difficulties. But in Eric Holder's Justice Department, nakedly racialist policies are standard fare, and Adegbile will fit right in.
This is an an-your-face nomination. This is the White House sending a message to Republicans and conservatives that the radical racial policies of the Justice Department will continue full speed ahead.
[I]n the Obama Justice Department, the law is not as important as the cause. And with Adegbile, the cause is racialist.
In another context, the venue and content of this thinly-veiled insinuation of so-called reverse racism could be easily ignored. Unfortunately, on the topic of executive and judicial nominees of the current president, Adams' attack is disturbingly similar to the same sort of race-baiting that jumps from little-read blogs to prominent right-wing platforms like Fox News, the editorial page of The Wall Street Journal, National Review Online, and even the mouths of GOP congressmen engaged in the ongoing blanket filibustering of the president's diverse nominees.
Accusing select presidential nominees of racialism or anti-white bias is a tired page of right-wing media's playbook against those who litigate and uphold longstanding civil rights precedent, a body of law that tends to help most those systematically disadvantaged by racism. This rant has been directed with more or less subtlety at Labor Secretary Thomas Perez (who previously led the DOJ's Civil Rights Division), Supreme Court Justice Sonia Sotomayor, and Attorney General Eric Holder.
Assumedly, these charges have some sort of salience with those unfamiliar with American history and basic civil rights law.
The editorial board of The Wall Street Journal attacked constitutional race-conscious admissions policies in higher education, but completely botched Supreme Court precedent as well as the Department of Justice's current legal position on this topic.
Trying to drive a wedge between Justice Anthony Kennedy's recent majority opinion in Fisher v. University of Texas, which reaffirmed that considering race as one among many factors in a holistic admissions policy is constitutional, and DOJ's recent legal brief in the now-remanded case, the WSJ declared that Kennedy "is getting an unpleasant lesson in the Obama Administration's respect for Supreme Court authority." From the November 11 WSJ, timed for Wednesday's oral arguments before the U.S. Court of Appeals for the Fifth Circuit:
In June, Justice Kennedy wrote the opinion for a 7-1 majority in Fisher and remanded it for a rehearing. His opinion stopped short of ending racial preferences in education, but it did emphasize that the use of race in admissions had to be held to the "strict scrutiny" standard laid out in the 2003 University of Michigan case Grutter v. Bollinger. Under Fisher, Justice Kennedy explained, race preferences should be carefully drawn and universities were entitled to "no deference" when courts examined how colleges used race in admissions.
So much for that. According to the Justice Department's brief, strict scrutiny needn't be strict, or even amount to much scrutiny.
[R]ather than looking at percentages of students of varying races admitted or matriculating, the Justice Department argues, the court should make "a qualitative assessment of the educational experience of the university." This is the admissions version of a shell game, dodging the Supreme Court's explicit strict scrutiny instructions by letting a school define its own criteria for using race.
But the Supreme Court never held that universities are accorded "no deference" in judicial review of their consideration of whether and how to diversify their institutions through race-conscious admissions policies, and DOJ never denied the appropriateness of strict scrutiny for this use of race.
Under long-standing affirmative action law, educational institutions can constitutionally use the consideration of race among other characteristics in an individualized holistic review of applicants. As reaffirmed by Fisher, contrary to the WSJ's inaccurate claim, when a university is deciding whether or not its diversity is at the "critical mass" necessary for its educational mission, a court's deference to educational judgment on this evaluation is entirely appropriate. From Kennedy's Fisher opinion:
According to Grutter, a university's "educational judgment that such diversity is essential to its educational mission is one to which we defer." Grutter concluded that the decision to pursue "the educational benefits that flow from student body diversity," that the University deems integral to its mission is, in substantial measure, an academic judgment to which some, but not complete, judicial deference is proper under Grutter. A court, of course, should ensure that there is a reasoned, principled explanation for the academic decision. On this point, the District Court and Court of Appeals were correct in finding that Grutter calls for deference to the University's conclusion, "`based on its experience and expertise,'" that a diverse student body would serve its educational goals.
National Review Online is pointing to instances of trouble at Texas polling places as proof that the state's overwhelmingly stringent voter ID law is "a good thing."
NRO contributors Roger Clegg and Hans von Spakovsky argued that because four prominent, white Texans were eventually able to vote after experiencing problems with their identification, complaints about the voter ID law are "hysterical." They went on to claim that a New York Times article that characterized the new ID law as "mak[ing] a dent at the polls" is overblown.
From Clegg and von Spakovsky's November 9 post:
A New York Times headline Thursday declared: "Texas' Stringent Voter ID Law Makes a Dent at the Polls." A careful reading of the article will leave many readers scratching their heads about that title.
The article begins by noting that three prominent Texans -- state judge Sandra Watts, state senator Wendy Davis, and state attorney general Greg Abbott -- all had photo IDs that did not quite match their names on official voter rolls, and so all had to sign affidavits before they could vote. But ... they all could and did vote.
Jim Wright -- another Texan, whom the Times helpfully identifies as a former U.S. Speaker of the House -- had an expired driver's license, and so he had to produce a birth certificate. But ... he also voted.
So, when all is said and done, where's the "dent"?
It's worth noting that these four voter-ID "victims" are hardly the poor, minority voters that the Left asserts are targeted by these laws. To the contrary, all four are white and quite prominent, one a Republican. They not only got to vote, they were alerted to discrepancies in their voter registrations that they can now get corrected.
This is the new Jim Crow?
The post went on to conclude that "there was really no problem after all" and that "there apparently are not large numbers of Texas voters who lack identification."
Evidently, the fact that one in 10 registered voters in Texas lacks valid identification is of no great concern to NRO. Although Texas will provide "election identification certificates" to voters free of charge, voters must provide proof of citizenship and identity in order to get one. The documentation required to obtain a certificate -- such as a U.S. passport -- is generally not free.
From the October 30 of Fox News' The Kelly File:
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The National Review Online is trying to push back on the mea culpa of a judge who now thinks strict voter ID does in fact impermissibly discriminate, maintaining its long-standing position as a supporter of election changes that have been widely denounced as blatant forms of voter suppression.
In 2007, well-known and respected conservative Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit upheld a voter ID law in Indiana that was the first in a wave of increasingly stricter restrictions on the right to vote passed by Republican-controlled legislatures. Affirmed by a splintered Supreme Court, as the sole high-profile legal decision on the sort of unnecessary and redundant voter ID laws that are now widely promoted by the GOP, Crawford v. Marion County Elections Board has been incessantly trumpeted by right-wing media as the legal underpinning for their obsession with election changes that are documented to suppress the vote.
Now that Posner has bluntly admitted he was wrong and the evidence shows that strict voter ID is "now widely regarded as a means of voter suppression rather than fraud prevention," NRO is resorting to smearing the judge's integrity and intelligence.
Legal contributor Hans von Spakovsky, the repeatedly discredited champion of photo voter ID laws as the alleged "solution" to the virtually non-existent "problem" of in-person voter fraud, responded to the news of Posner's recent admission by claiming the judge had "been taken in" by the "Left's well-oiled propaganda machine." NRO's in-house legal expert, Ed Whelan, asserted that a switch in judgment by the judge was "weak" and praised a Washington Post columnist who attacked the judge as unethical for speaking publicly.
Von Spakovsky's attempt to rebut Posner's revelation by pointing to increased turnout in communities of color was a rehash of his continued failing of Statistics 101. As has been explained to von Spakovsky and others by statisticians, academics, and congressmen, just because more persons of color are voting now as the country grows more diverse doesn't mean that overly restrictive voting changes aren't suppressing the vote.
Not only is this confusing causation with correlation, but suppressing the vote also occurs when it becomes harder to do, not just when it is blocked entirely. The federal judge who blocked Texas' strict voter ID law because 600,000 to 800,000 citizens do not have easy access to the supporting documentation needed for the new identification requirements held that "a law that forces poorer citizens to choose between their wages and their franchise unquestionably denies or abridges their right to vote."
The National Review Online continues to misinform on a civil rights case in front of the Supreme Court, and its right-wing talking points on the supposed harm of affirmative action to students of color have now found their way into oral arguments by the conservative justices.
In an October 15 blog post discussing Schuette v. Coalition to Defend Affirmative Action, frequent NRO contributor Roger Clegg and attorney Joshua P. Thompson mischaracterized race-conscious admissions policies as a "racial preference" program for the unqualified. NRO has a long record of misinforming on affirmative action in general and Schuette in particular. Clegg and Thompson continued that trend in their piece, which recommended that the Court uphold a Michigan state constitutional amendment that effectively banned affirmative action by selectively making it more difficult for minorities to participate in the political process, a clear violation of decades-old precedent that prohibits this type of political restructuring. The NRO not only advocated for the conservatives on the Court to strike down these civil rights precedents, but to also reach beyond the four corners of the case and decide legal questions that aren't even at issue:
Today the U.S. Supreme Court heard oral argument in Schuette v. BAMN, a case in which a federal appellate court held -- astonishingly -- that Michigan voters somehow violated the U.S. Constitution's Equal Protection Clause by endorsing equal treatment for everyone regardless of race or sex.
At issue is Proposal 2 (the Michigan Civil Rights Initiative), a 2006 ballot measure that amended the state constitution to provide that state and local government agencies (including public universities) "shall 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."
[T]he Court should take this opportunity to make some amends to those who have been fighting for the principle of colorblind law but have been thwarted by bad judicial decisions. It can do so by reaffirming the strong presumption against any government use of racial and ethnic preferences -- not only in education, but also in contracting and employment, the two other arenas in which they are commonly found, and which are also addressed by Proposal 2.
The lower-court decision here complained that Proposal 2 makes it harder for some groups to lobby for preferential treatment. But the Equal Protection Clause is in the Constitution precisely because racial preference is not to be left to everyday politics, academic or otherwise. The United States has seen institutionalized discrimination in favor of whites be replaced with institutionalized discrimination against whites (and Asians) in less than a generation, and racial spoils will always be attractive to many politicians and other state and local actors.
It is not at all clear that Proposal 2 hurts African Americans (especially in light of the mismatch problem it removes -- that is, the fact that admitting students with significantly lower qualifications simply sets them up for failure since they are more likely to flunk out, drop out, get poor grades, and switch majors); and it clearly helps other minorities, like Asians, who typically are at the short end of preferences. And the logic of the Sixth Circuit's decision would also make it illegal to ban discrimination and preferential treatment through simple legislation, which would call into question a colorblind law like the 1964 Civil Rights Act, as well as state-constitutional civil-service rules.
Of concern is how the conservative misinformation advanced by NRO (and elsewhere by conservative Wall Street Journal columnist James Taranto) cropped up in the Schuette oral arguments. For example, in addition to the mistaken insistence that the U.S. Constituton is colorblind, the NRO also repeated the theory that those who get into elite positions through affirmative action, such as Justices Antonin Scalia and Sonia Sotomayor, are possibly doomed to failure. This "mismatch" argument as applied to higher education admissions, a favorite of right-wing media, has been widely debunked, but was still advanced at oral arguments by Michigan solicitor general John Bursch - and echoed favorably by both Chief Justice John Roberts and Justice Scalia.
Before the Supreme Court even heard oral arguments in Schuette v. Coalition to Defend Affirmative Action, potentially the nation's next major civil rights decision, The Wall Street Journal was already spreading misinformation about the case and the issues at stake.
In an October 14 editorial, The Wall Street Journal mislabeled the affirmative action ban challenged by the American Civil Liberties Union and the NAACP Legal Defense and Educational Fund, miscounted the number of justices that will decide Schuette (Justice Elena Kagan recused herself, having previously worked on the case), and mistakenly conflated a political restructuring case with a different strand of affirmative action cases:
Does it violate the U.S. Constitution's ban on racial discrimination for a state to ban racial discrimination? Most Americans would think not, but that's essentially the bizarre question before the Supreme Court on Tuesday as it considers a legal challenge to a 2006 Michigan referendum.
In Schuette v. Coalition to Defend Affirmative Action, the plaintiffs claim that Michigan violated the U.S. Constitution's Equal Protection Clause when 58% of Michigan voters supported Proposition 2 [sic], which amended the state constitution to prohibit discriminating by race in education, government contracts or hiring.
The Coalition for Affirmative Action argued that Prop 2 disproportionately burdened minorities in education. Their odd logic is that while advocates of, say, alumni legacy preferences would only need to lobby a school's admissions officials, advocates of race preferences under Prop 2 would have to amend the state constitution. So not discriminating by race discriminates by race -- got it?
It's only fair that the Supreme Court fix this legal mess that it did so much to create. Michigan's 2006 referendum was a response to the High Court's misguided 2003 decision in Grutter v. Bollinger that allowed schools to consider race as a factor in admissions for the purpose of diversity. Proposition 2 [sic] was the political response from a citizenry that still reveres the principle of color-blind opportunity.
The Schuette case ought to be an easy call for the Justices, and the ruling should be 9-0. Given the fraught politics of race, even on the High Court, it may end up being 5-4. But the failure to overturn the Sixth Circuit would enshrine in the law the concept that American voters can't choose to outlaw discrimination on the basis of race. Lincoln and Frederick Douglass would turn in their graves, if they didn't leap right out of them.
What the WSJ calls the "odd logic" of the plaintiffs isn't odd at all. The legal argument of the ACLU/NAACP (joined by multiple legal scholars, including Harvard Law Professor Laurence Tribe and University of California Irvine School of Law Dean Erwin Chemerinsky) is, in fact, solidly in line with Supreme Court precedent. The WSJ has assumed that, because Schuette is tangentially related to affirmative action, it must be an opportunity for the justices to revisit the holding in Grutter -- but the cases just aren't the same.
On October 15, the Supreme Court will hear oral arguments in Schuette v. Coalition to Defend Affirmative Action, a case that challenges a 2006 ballot initiative in Michigan that amended the state's constitution to prevent state universities from using race or sex as one of many equal factors in admissions. Although proponents of what was formerly known as Proposal 2 say this resulting affirmative action ban is consistent with the law, it appears to be specifically prohibited by the "political restructuring" doctrine of the Supreme Court.
The Wall Street Journal editorial board falsely claimed that the Department of Justice is relying on outdated civil rights law in its current lawsuits against the voter suppression of Texas and North Carolina.
Baselessly claiming DOJ's efforts to block redundant and unnecessarily restrictive voter identification laws that discriminate on the basis of race are motivated by politics, the WSJ incorrectly claimed that DOJ was trying to "reverse" the Supreme Court's infamous Shelby County v. Holder decision. From the editorial:
For Eric Holder, American racial history is frozen in the 1960s. The Supreme Court ruled in June that a section of the 1965 Voting Rights Act is no longer justified due to racial progress, but the U.S. Attorney General has launched a campaign to undo the decision state-by-state. His latest target is North Carolina, which he seems to think is run from the grave by the early version of George Wallace.
The worst argument against such laws is that they must be racially motivated because there is so little evidence of voter fraud. Yet no less that former Justice Stevens said in his opinion in the Indiana case that "flagrant examples of such fraud in other parts of the country have been documented throughout this nation's history by respected historians and journalists, [and] that occasional examples have surfaced in recent years." Anyone who thinks voter fraud doesn't exist hasn't lived in Chicago or Texas, among other places.
It's telling that Mr. Holder prefers to file lawsuits rather than take up the Supreme Court's invitation to modernize the Voting Rights Act for current racial conditions. The Congressional Black Caucus has said it is working on a new formula for preclearance, but such legislative labor doesn't get the headlines that lawsuits against GOP-run states do.
The conservative wing of the Supreme Court gutted the Voting Rights Act in Shelby County when it overturned decades of precedent, ignored bipartisan congressional intent, and disregarded the text of the Fifteenth Amendment in order to dismantle the "preclearance" provisions of the VRA. These neutralized provisions - Sections 4 and 5 - required states with an engrained history of racially discriminatory voter suppression to "preclear" any subsequent election changes with DOJ or the courts before implementation.
Shelby County did not directly touch any other component of the VRA.
For example, despite the right-wing's obvious plan to drag this crown jewel of civil rights law back before the Supreme Court in the future, DOJ still has authority under the VRA to attempt to block voter suppression after legislative enactment, if no longer before. In addition to this after-the-fact enforcement powers under Section 2, DOJ also retains the ability to ask a court to once more place a jurisdiction shown to intentionally suppress the vote on the basis of race under the "preclearance" supervision of Section 3, similar but different to the process under Sections 4 and 5.
DOJ is seeking to block voter suppression in Texas and North Carolina using only those sections still intact after Shelby County. Contrary to the WSJ's claims, by litigating under Sections 2 and 3, DOJ is expressly not trying to "reverse" a decision that only affected Sections 4 and 5. It is, rather, making do with what is left of perhaps the nation's greatest civil rights achievement.
The Washington Post blithely suggested that Congress should "rewrite" the Voting Rights Act (VRA) rather than allow the Department of Justice to hold states accountable for voter suppression in federal court, seemingly oblivious to the government shutdown caused by the historic obstructionism of the GOP-controlled House of Representatives.
Although the conservative wing of the Supreme Court recently gutted significant protections for the right to vote in last summer's infamous Shelby County v. Holder, judges still have authority under the VRA to enjoin voter suppression after a discriminatory law is enacted. The Department of Justice is suing the states of Texas and North Carolina under these Section 2 powers, and if a court finds that the voter suppression attempted in either of these states was done with the intent to discriminate on the basis of race, Section 3 of the VRA could require these states to once again "pre-clear" their election changes.
In the middle of a Republican-caused government shutdown due to opposition to the Affordable Care Act, however, the Post opined that rather than sue states in court for clear violations of the VRA, it would be "easier and fairer" for Congress to "rewrite" those pre-clearance sections that Shelby County struck down. From the editorial:
EVER SINCE the Supreme Court gutted a key section of the 1965 Voting Rights Act, Attorney General Eric H. Holder's Justice Department has been trying to patch it, using the sections of the law that the court left in place to reconstitute the checks on discrimination that had existed for decades. The Justice Department's latest move, involving a challenge to odious new voting restrictions in North Carolina, demonstrates that Mr. Holder is committed to the effort. It also demonstrates why Congress, not the Obama administration, should be the branch of government offering the primary response to the court's ruling.
With a series of wins in cases such as North Carolina's, the Justice Department could reestablish the pre-clearance requirement in many places where it used to apply. The easier and fairer way to revive pre-clearance, however, would be for Congress to rewrite the formula for which places should be covered. The Supreme Court left lawmakers that latitude, and large bipartisan majorities in Congress historically have supported pre-clearance. If lawmakers want to get back to doing something productive, resuscitating the Voting Rights Act would be a good place to start.
Considering DOJ's obligations under the VRA, the Post's objection to legally holding states accountable for voter suppression would have been unnecessarily deferential to the legislative branch in any context. In the reality of a government shutdown, the Post's call that "[i]f lawmakers want to get back to doing something productive, resuscitating the Voting Rights Act would be a good place to start" is downright bizarre.
In an attempt to smear unrelated civil rights law by linking it to the tragic Navy Yard shootings, right-wing activist Hans von Spakovsky argued that background checks for arrests without convictions could stop gun violence.
Never one to miss an opportunity to shoehorn an attack on civil rights law into a different subject, widely discredited National Review contributor von Spakovsky used the disturbing mass murder committed by a veteran of color to criticize employment law that guards against unnecessary racial discrimination in hiring practices. From his recent op-ed in The Washington Times that claimed "Obama policy would have exempted the Navy Yard shooter from scrutiny":
But what if The Experts had actually turned up these criminal arrests for gun-related violence [in a background check] and refused to hire Alexis? If the company had done so, it might have violated the hiring policy the Obama administration is trying to force on private employers. It could have been accused of discrimination by the Equal Employment Opportunity Commission (EEOC), a federal agency controlled by Obama appointees.
In April 2012, the EEOC issued enforcement guidance severely restricting the use of criminal background checks by employers when hiring new employees. The EEOC claims that because blacks and Hispanics are arrested and convicted at higher rates than whites, the use of a criminal-background check will have a "disparate impact" on minorities and, therefore, violates Title VII of the Civil Rights Act of 1964.
Unfortunately, the terrible tragedy in the Navy Yard graphically illustrates why the Obama administration's push to force employers to stop using criminal background checks is not only legally wrong, but dangerous.
Rather, the EEOC is utilizing long-standing anti-discrimination law under Title VII of the Civil Rights Act that prohibits those employment or hiring policies that have an unjustified discriminatory effect on persons of color. Therefore, criminal background checks per se are perfectly acceptable if they are pertinent to the job at hand.
Recently, however, blanket employment screening has become so commonplace that it flags offenses that are not only minor, but also unnecessary for the occupation in question. Because the databases that background checks rely on have an alarmingly high number of false positives based on "incomplete or inaccurate information," and because communities of color disproportionately suffer from encounters with the criminal justice system, multiple reports indicate that this new trend is making the unemployment rate for persons of color worse.
National Review Online is attacking the Department of Justice's decision to hold the state of Louisiana accountable for apparently failing to comply with the terms of several longstanding court orders, incorrectly framing these enforcement efforts as an attempt to force minority students to attend failing schools.
This is not the first time that the NRO has advanced these outlandish claims against the DOJ and the Obama administration, but they continue to be dishonest. From a September 24 column on NRO's The Corner:
The Department of Justice's fight against school vouchers for poor children in Louisiana has not been popular, and the Obama administration knows it. So last night, in a particularly cynical move, the DOJ filed an additional motion, amending its suit in phrasing but not spirit.
This political maneuvering threatens the future of thousands of minority children who may soon be banished to failing schools.
The DOJ is making two main demands: First, it wants information about how the voucher program would affect the racial composition of public schools; and second, it wants parents to get pre-clearance from federal courts before they're allowed to transfer their own children to a school of their choice.
And if the DOJ succeeds, that would have repercussions not only within Louisiana, which has emerged as a national school-choice leader, but also across the United States; education reformers would have to assess how offering academic options to parents and their children might affect "desegregation."
The DOJ filed its suit because Louisiana is under numerous federal court orders that require the state to assess the impact of new educational policies on decades-long efforts to desegregate Louisiana public schools, not because it believes, as NRO puts it, "Minority kids mustn't leave for better schools." Louisiana Gov. Bobby Jindal ignored this legal obligation and went ahead with a voucher program before providing any information to the court regarding its effects, even after the DOJ warned the voucher program appeared to have "impeded the desegregation process."
In an interview with libertarian media outlet Reason.com, columnist George Will spoke out in defense of right-wing "judicial activism," highlighting civil rights precedent as particularly problematic.
While other right-wing media outlets - most notably National Review Online - twist themselves into knots pretending efforts to roll back decades of progressive law that emanated from the New Deal, civil rights era, and Great Society are paradoxically a form of restraint, Will has taken the opposite approach. As noted in a recent interview with Reason.com, Will has "increasingly kind words for what used to be derided by conservatives as 'judicial activism.'"
Will's admission as to what the current right-wing legal movement is supporting in its quest to overturn critical progressive precedent has been criticized as hypocritical from both the right and the left.
In the Reason.com interview, Will continued his unapologetic defense of judicial activism on behalf of right-wing goals, by arguing "someone has to say what the Constitution means." Will subsequently listed federal programs that he thought were suspect, including the interstate highway program, federal funding for state education, and affirmative action. Linking all three programs as unnecessary examples of government overreach, Will also explained that the time for state action against systematic racism was over because "routine daily insulting of African-Americans by white Americans is now completely unacceptable. That's an astonishing improvement."
In addition to repeating this right-wing media claim that the problems of structural racism are a thing of the past and the fight for civil rights is over and "won," Will recycled debunked right-wing media claims that affirmative action "is really not helping people, it's really hurting a lot of people," dismissing it as only a way to "make elite universities feel virtuous." In fact, this was not one of the many "substantial" benefits that conservative former Supreme Court Justice Sandra Day O'Connor relied on to uphold the continued constitutionality of affirmative action in Grutter v. Bollinger.
Will's refusal to honestly describe this race-conscious program to ensure equal opportunity in education, however, illustrates that whatever term right-wing media use to describe the current conservative legal assault on half a century of civil rights precedent, the end goal is the same.
Rush Limbaugh charged that a new rule proposed by the Housing and Urban Development Department (HUD) aimed at promoting fair housing practices was "social engineering" and an attempt on the part of the federal government to "force" people to live in certain neighborhoods.
In the 1970s, schools were ordered to bus children into neighborhoods far away in order to racial balance in the schools. ... [W]hen forced busing erupted, there was outrage all over the country, including liberal Boston. But the social architects of the left didn't listen, and they kept at it ... 'cause they were forcing people to do what people weren't doing of their own volition. People were choosing neighborhoods where they wanted to live, and leftists didn't like the choices they were making. So they basically used the power of the government to force them [to move].
Okay, let's fast forward to today. Social engineering is on the verge of being imposed on entire neighborhoods, adults and children alike. ... What this is, is central planners imposing their will on where you live, not just where your kids go to school--and it's all being done, of course, for our own good.
Limbaugh cites a Wall Street Journal op-ed written by Rob Astorino, the Republican Westchester County executive, as proof that HUD "wants the power to dismantle local zoning" ordinances in order to impose diversity in local communities. Limbaugh goes on to claim that "[a]ll of this is Obama and the Democrats. They run these agencies. They look at zoning as disguised discrimination." Any effort to balance out segregated housing patterns, according to Limbaugh, is "part of [an] ongoing effort to achieve utopia" by "the elites."
What Limbaugh fails to note is that HUD's efforts to integrate racially homogenous neighborhoods is not new, nor was it invented by President Obama or anyone in his administration. It was actually Republican George Romney (father of Mitt), in his role as Richard Nixon's HUD Secretary, who began this effort with the "Open Communities" program in 1968. The program would have given federal grants only to those local governments that provided subsidized housing for poor minorities, in an effort to promote equal opportunities in housing and education.