-
Enough With the Bipartisanship
May 24, 2013 | 45 comments
-
Damage Control for Dummies
May 22, 2013 | 85 comments
-
Assessing a Week of Scandal
May 17, 2013 | 135 comments
-
After Obamacare
May 16, 2013 | 24 comments
-
The New Paternalism
May 3, 2013 | 39 comments
The Obama Watch
Justice is Blind
But not color-blind at Obama’s Department of Justice.
Something is rotten at Barack Obama’s Justice Department. These days, most of the criticism of the DOJ is aimed at the stubbornly liberal Attorney General Eric Holder. But while Holder is trying to decide which densely-populated metropolis to try Khalid Sheikh Mohammed in, another wing of his department has been pursuing alleged “hate crimes” and “discrimination” cases with a vengeance.
The DOJ’s Civil Rights Division is, as Assistant Attorney General for Civil Rights Thomas Perez put it, “open for business again.” Perez has expressed shock at the lack of hate crimes prosecutions under George W. Bush. He plans to increase the Civil Rights Division’s tempo and will hire more than 100 new employees to bolster its ranks.
Obama’s Justice Department is notoriously tin-eared, but you still think they’d know to be cautious. Earlier in the year, the Supreme Court delivered a harsh blow to hyperactive civil rights lawyers in the Ricci v. DeStefano case. That ruling called into question key tenets of civil rights law and almost sent Sonia Sotomayor’s confirmation hearings into a tailspin. A Quinnipiac poll found that Americans supported the firefighters by a three-to-one margin.
That hasn’t fazed Perez, who said in a speech that Ricci wouldn’t stop his lawyers from prosecuting other so-called “disparate impact” cases. With precedent cast aside, there’s not much standing in his way. Perez’s prosecutions have usually targeted state and local police departments, sheriff’s offices, and voting boards. These are stories for the local news, unlikely to ignite a national controversy.
Perez has done a lot with little attention called to him. Just a few of the cases the CRD has taken up:
• In New Jersey, a written test is administered for police officers seeking to advance to the rank of sergeant. As in New Haven, the test quizzes candidates on state and local law. The Civil Rights Division filed a lawsuit against the New Jersey Civil Service Commission because a greater percentage of whites were passing than Hispanics or African-Americans.
• In Oklahoma, the Bryan County Sheriff’s Office evoked Perez’s wrath because the Sheriff had been reassigning pregnant female corrections officers to desk duty while they were pregnant. (It boggles the mind, I know.) A consent decree was established and employees of the Sheriff’s Office must now submit to mandatory training on something called “pregnancy discrimination.”
• In Georgia, the Voting Rights Act of 1965 requires the state to get permission from the Justice Department before they can change state voting laws. A new law passed by the state would require new voters to present proof of citizenship, including driver’s license information and a Social Security Number, before they can register. The Civil Rights Division refused to clear the law because they think it would somehow discriminate against minority voters. Georgia’s government became so aggravated, they finally decided to sue the DOJ. “The State of Georgia will no longer watch the Obama Justice Department play politics with our election processes and protections,” said Georgia Secretary of State Brian Kemp.
It begs the question: Is there any civil rights situation in which Perez won’t stick his nose? Actually, yes — the Black Panther case has been ignored for months.
Much of this has to do with who’s running the Civil Rights Division. Perez is a lifelong civil rights lawyer whose specialty is suing racist cops. He grew up in the Civil Rights Division during the 1990s and went on to advise Ted Kennedy on civil rights.
Perez’s crusades against employment tests are surprisingly legal. Title VII of the Civil Rights Act forbids “disparate impact,” which bans employment hurdles, such as police tests, that aren’t intentionally discriminatory, but whose outcomes ultimately exclude minorities. Unfortunately, the Supreme Court hasn’t gotten around to jiving Title VII with the Constitution’s guarantee of equal protection under the law.
Title VII is used sparingly in the hands of a wise lawyer. During Bush’s presidency, disparate impact lawsuits dropped sharply, as did hate crimes prosecutions. But Obama’s CRD is brandishing the Civil Rights Act as a javelin while they charge at phantom racist windmills across America. Listening to Perez rant about the legal “weapons in our arsenal,” it almost feels like he’s on a crusade. This is litigation at its worst.
At its very core, America was founded as a place where individuals would advance based on their merit, not their birthright or social status. After the racially charged tumults of the 1960s, that ideal became threatened by progressives who transformed anti-discrimination laws into racial preferences.
Perez is cut from that mold, though he’s 25 years too late. He hollers about crusading against racism and hate while most of America sits in relative racial harmony, governed by its first black president. He’s waving the flag ready to storm the beaches of Normandy, but it’s 2010.
And now Barack Obama has him in a senior position in our Department of Justice.
About the Author
Matt Purple is The American Spectator’s assistant managing editor.
Letter to the Editor View all comments (51) | Leave a comment
More Articles by Matt Purple
More Articles From The Obama Watch
http://spectator.org/archives/2010/03/18/justice-is-blind
Follow us:
ADVERTISEMENT
Current Issue
- There’s Something About Cambridge
- Drink Earlier, Drink Less
- Walk the Line
The Spectacle Blog
Democrat Dan Maffei Blames Budget Cuts for Girl’s Rape, Mother’s Murder
Robert Stacy McCain | 6.18.13
SPONSORED LINKS
FLASHBACK TO: 1995
-
Pope Culture
A man of faith in a godless age is hitting Americans where it hurts.
-
Why the GOP Does Not, Like, Totally Suck
Mr. and Mrs. American Spectator Reader, let P.J. O’Rourke talk sense to your kids.
-
Dames at Sea
-
In the Absence of Guns
In Britain, defending your property can get you life.
-
The Metaphysical Martini
-
Counting the Costs of Clintonism
The debacle of this president’s administration is both a cause and a symptom of the decline of American values. Unless Congress impeaches him, that decline will go on unchecked. An eminent jurist surveys the damage and assesses the chances for the recovery of our culture.
-
Chuck McHagel
It won’t take long for conservatives to scratch this presidential wannabe off their 2008 scorecard.
-
The Legacy of Old John and Mother Fresh-Roasted
-
It’s the Best Time of the Year
The American Christmas, like the songs that celebrate it, makes room for everybody under the rainbow. Is that why so many people seem to be hostile to it?
-
The Bush Crack-Up
Was the President done in by the economy, or by the politics of the economy?
Clip of the Day
ADVERTISEMENT
Bill Hussein O'Stalin| 3.18.10 @ 7:47AM
For collectivists to thrive, they must always fan the flames of racism. Racism is tied to just about every one of their policies so it's no surprise they have to launch an army against an ant hill.
basur | 10.27.10 @ 6:02AM
With each passing season,ray ban sunglasses sale styles change.ray ban 2010 sunglasses are like any other fashion accessory.
PolishKnight| 3.18.10 @ 10:23AM
Saying "Title VII is used sparingly in the hands of a wise lawyer" reminds me of the outrage expressed by liberals about the Bush administration's lawyers "sparingly" using torture against Al Quaeda. It's an interesting comparison because the left cares more about the civil rights of Al Quaeda terrorists than it does working class white males!
Sadly, as we all know, the two Bushes are largely moderates (meaning, they didn't take a stand one way or the other) when it comes to civil rights for working class males and even let slide violations of 2nd amendment rights in New Orleans during Hurricaine Katrina.
The so-called civil rights act is an Orwellian joke.
Petronius| 3.18.10 @ 10:35AM
Where have we seen this model before? The Gestapo comes to mind.
Pingback| 3.18.10 @ 12:51PM
The American Spectator : Justice is Blind | Legal News - Your Source for Legal News a links to this page. Here’s an excerpt:
Marc Jeric| 3.18.10 @ 12:57PM
In my youth (9-13 years of age) I knew Gestapo; then when I was 14 till my 24 years of age I knew the communist secret police. The latter was worse. What we have now with Holder compares "favorably" with the latter.
Mark| 3.18.10 @ 12:58PM
"Law Enforcement" continues to enable the illegal alien to occupy the Office of President, so quite frankly I think they're getting just what they deserve.
Ferocious| 3.18.10 @ 3:20PM
The nuts working for Perez make the insane Perez look sane. Les Jin and Julie Fernandes are open radicals with unapologetic Marxist leanings.
Ferocious| 3.18.10 @ 3:22PM
The nuts working for Perez make the insane Perez look sane. Les Jin and Julie Fernandes are open radicals with unapologetic Marxist leanings.
Hardcard| 3.18.10 @ 3:37PM
perez advised t. kennedy on civil rights, did he mention to teddy anything about all his past victims , murdered women, raped women, abused women, lying, cheating etc.
Oldefarte| 3.18.10 @ 3:59PM
The only question eventually being asked is WHAT RACE ARE YOU? If the answer is the preferred MINORITY, then the applicant is hired,promoted,etc. In education, if a minority can't pass the tests, etc, no problem---they still get a passing grade or graduate. This all is [or should be] known as THE DUMBING DOWN OF AMERICA. Countries like Japan, China, India,etc that are cranking out educated groups/classes of citizens will be eating our economic lunch in a decade or less, and we'll be relagated to a country of MORONS [ but we'll be POLITICALLY CORRECT AND NON-RACIST of course]!!!!!!!!!!!!!!!!!!!
rayv | 3.19.10 @ 5:51AM
With each passing season,ray ban sunglasses sale styles change.ray ban 2010 sunglasses are like any other fashion accessory.So newer styles
can be seen at red-carpet and glamour queens on magazine covers andeventson the faces of Hollywood stars,at the same time,old
styles become the kind of ray ban wayfarer that "your grandmother used to wear,"Eventually those old styles stage comebacks as "retro"
ray ban sunglasses, and the fashion cycle comes full circle.
At the time,you can choose one kind of ray ban 2010 sunglasses if you guys want to look like Heath Ledger on the beach.
Jobe| 3.19.10 @ 9:16AM
Liberals have shown over time that they believe that passing a law, no matter how ridiculous it might be, will either curtail or end the problem. One of their most ridiculous laws is the "hate crime" legislation, which ignores the most obvious of facts. Namely, the crime is the reason for the trial, not the motive. The time for motive to make its impact is at the sentencing, not during the trial. How silly to think that a death is more painful if it is caused by someone's prejudice than if it is caused by someone's greed. Liberals: Feeling over Reason every time.
Teacher Li| 3.20.10 @ 3:00AM
Justice is blind- Yes, nobody can deny the fact.
FLV Converter for Mac is a trustworthy Mac converting software- Free download
SWF to FLV Converter- easily convert Flash SWF to numerous video/audio formats like AVI, WMV, MKV, MOV, WMV HD, M4V, MPEG, MP4, etc.
www.sunglass-mall.com | 4.6.10 @ 2:13AM
You won't have to worry about having your sunglass merchandise to gather dust on its display racks waiting for the summer season to commence www.sunglass-mall.com
german sex | 12.19.10 @ 11:09PM
thank you great web site
ran | 4.22.11 @ 12:26AM
This all is [or should be] known as THE DUMBING DOWN OF AMERICA. Countries like Japan.
ibcbet | 5.25.11 @ 12:47AM
The time for motive to make its impact is at the sentencing, not during the trial. That's sound good !!!
IBCBET | 8.1.11 @ 12:19AM
The only question eventually being asked is WHAT RACE ARE YOU? If the answer is the preferred MINORITY. ibcbet99 IBCBET ibcbet-th
yanyan | 10.10.11 @ 10:11AM
I found very useful and interesting posts in this blog which is the great signs for a good bloggermesothelioma attorney