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Constitutional Opinions
Affirmative Action Reconsidered
New legal cases and initiatives confirm renewed popular opposition to race as an organizing principle in American society.
(Page 2 of 2)
To this end, it has repeatedly filed suit in an effort to overturn the initiatives. Last year, on July 1, two Clinton appointees, who formed a majority on a three-judge panel of the Sixth Circuit Court of Appeals, embraced BAMN’s tortured legal reasoning. Judges R. Guy Cole Jr. and Martha Craig Daughtrey ruled that the Michigan Civil Rights Initiative (MCRI), widely known as Proposal 2, is unconstitutional because it alters the state’s political structure in a manner that unduly burdens racial minorities. The case could conceivably go back to the U.S. Supreme Court if the ruling in Michigan stands and remains in conflict with court decisions that uphold Proposition 209 in California.
“When it comes to race, nothing is unbelievable and nothing is surprising,” said Connerly, who now heads up the American Civil Rights Institute (ACRI) based on Sacramento. “This is the kind of decision that reaffirms the idea that some groups will work to preserve preferences ‘by any means necessary.’ I know they [BAMN attorneys] believe they have hit pay dirt here. But I have spoken with very good constitutional scholars and I am absolutely convinced that this case will be overturned before the full sixth circuit. If by some chance this case does go to the U.S. Supreme Court, I expect that we’ll get the ruling we have long desired on the issue of preferences and they will bite the dust once and for all.”
Michigan Attorney General Bill Schuette has successfully petitioned the Sixth Circuit to rehear the case en banc (in full). He issued his first brief in defense of MCRI earlier this month. The civil rights law remains in full force pending a final court ruling, which is expected within the next few months.
While BAMN and other hostile litigants continue to invoke Grutter as a rationale for the continuation of race and gender preferences, they persistently misconstrue the larger point behind the ruling, Jennifer Gratz, the executive director of the MCRI, explained.
“While it’s clear that O’Connor favored a holistic approach that included race, she also said it was acceptable for voters in states to make preferences unconstitutional,” observes Gratz, who was also the plaintiff in the other Supreme Court case that struck down quotas at the University of Michigan. “She [O’Connor] certainly did not mandate the use of preferences and made it clear that over the next 25 years [from the time of that decision] race should ultimately cease to be a factor.”
O’Connor specifically cited state laws in California, Washington State, and Florida (that were in effect at the time of her ruling) banning race and gender preferences as examples of what other states should be emulating. Since then, Arizona and Nebraska have also passed constitutional amendments banning preferential policies.
While Connerly continues to encourage grassroots activists who are ambitious to pass new initiatives in their home states, he cautions them against placing too much faith in either major political party. Despite embracing post-racial sentiments during his 2008 election effort, President Obama has inserted race and gender preferences into the Dodd-Frank finance bill, the health care bill, and the stimulus package, which are highlighted in a report from ACRI.
In Michigan, former President Gerald Ford joined with other Republicans running for state-wide office in 2006 to oppose the initiative banning preferences. Those Republicans lost; the initiative passed with broad support across party lines.
There’s a lesson in that.
About the Author
Kevin Mooney is an investigative reporter with free market think tanks associated with the Franklin Center for Government and Public Integrity. He has also written for the Daily Caller, the Washington Times, the Washington Examiner, NetRightDaily.com and NewsBusters.
Letter to the Editor View all comments (26) | Leave a comment
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Richard Baker| 1.25.12 @ 6:45AM
Affirmative action, racial quotas, or any other such contrivance debilitates the recipient and cheapens the achievment. Don't think so? Read Mr. Justice Thompson's book about what value his Yale Law degree has to him as a result.
Bill Hussein O'Stalin| 1.25.12 @ 6:52AM
Schools around the country are afraid of disciplining black males and with good reason. The number crunchers are out there.
Recently, The Washington Post did a series of articles about how black male students were suspended at rates 7 times higher than white male students.
Solution? Maryland now proposed to do away with all suspensions claiming they don't work. What Maryland really wants to do is make schools a dangerous place.
You can bet that for every suspension of a black student, they were probably warned about a hundred times. School administrators are deathly afraid of racial math and the consequences associated with suspending black students.
The bottom line is that if the no suspension rule goes into effect in Maryland and your kids are white, you better find an alternative.
L. Ross| 1.25.12 @ 8:30AM
My neighbor and lifting partner, who is black, wouldn't dream of sending his kids to public schools in Maryland either. Sad.
Frank Drackman | 1.25.12 @ 9:35AM
Counting Med School, I've spent some 21 years in Americas' Pubic Education System.
Which is why I still have trouble with "There" and "Their", and don't even get me started with Homo-nyms, you Homos...
But thanks to some substitute math teacher I can't even remember except he had a Fro' that would have made Angela Davis(wiki that S***)Proud..
I can predict the day of the week a future date, any date in the future will fall on.
Came in handy for Med School, back in the days before Ipads, y'see we had to make follow up appointments for the Poor Peoples with no Health Insurance who somehow managed to get Aortic Aneurysms repaired, Brain Tumors Resected, and if they were lucky enough to see me, Free Vasectomies...
January 20th, 2013?
Its a Sunday, so I guess the Muslim-in-Chief (Peas be upon Him)will get sworn in on the Monday, wait, thats MLK day...
Frank
jaytrain| 1.25.12 @ 9:50AM
Dr King's thoughts on this subject are as powerfully persuasive today as they were fifty years ago . But on a practical level , the best argument against affirmative action we have is Mr Obama . A man who can tick as many preference boxes as he can and yet he can do no better than the rumoured B+ averege he took from a sinkhole of liberal guilt ie Columbia . And that was done in the most soft of the available majors. This is a fellow who is either very lazy or not very bright , or both .Building on that , he manages to edit his law review without the burden of actually writing an article for that once esteemed rag . And now a nation suffers under the weight of man hoisted several levels above his abilities by playing on liberal guilt masquerading as affirmative action
Al Adab| 1.25.12 @ 10:51AM
Affirmative action is the ultimate hypocricy. It belies everything racial equality supposedly means. It makes some more equal than others on the basis of race which should be anthema to us all.
Bulbul| 1.25.12 @ 10:57AM
Those are freebies, given away by liberals, to their loyal constituents: Blacks and Hispanics, yet minority still live under poverty, commit most of the crimes, and remain uneducated and unemployed.
fmm| 1.25.12 @ 11:57AM
Think of Affirmative Action as a cover for the murder of mostly blacks from liberal championed abortion. Liberals excel at misdirection.
All American American| 1.25.12 @ 11:27AM
If affirmative action is good for education and hiring in the private sector, why not institute it in professional sports leagues? African-Americans are WAAAAAAAAY over-represented in the NBA and NFL.
An easy way to do this is at the college socuting combine just give the white players advantages. For instance instead of running a FORTY yard dash they get to run a THIRTY-FIVE yard dash. Stuff like that to even the playing field and such. I mean, it seems to me the 40-yard standard is a tool of the black oppressors in an effort to keep the white athelete down. Its past time to demand equality of outcome for aspiring white NFL and NBAers everywhere!!!!!
The NBA can institute the 8-foot rim for white players, and heck maybe even make it a little wider too and make the ball smaller.
Heck this is fun! In MLB white pitchers should pitch to black and hispanic players from 50 feet instead of 60'6". When black or hispanic pitchers face white hitters, the mound should be moved back to 75'.
Affirmative action for EVERY under-represented ethnic group, everywhere!
Either that or we just hire based on merit, but who in their right mind would want THAT?!?!?!?!?!?
Moe Blotz| 1.25.12 @ 12:54PM
The best solution would be to allow white athletes to use Flubber, both solid state and gas.
Bulbul| 1.25.12 @ 11:55AM
Those Blacks love money and sex. Those Hispanics love freebies and children. They do not want education or jobs, they favor big government and welfare.
cowgirl| 1.25.12 @ 12:43PM
The President of the United States benefitted tremendously from Affirmative Action. Both in academics and politics.
I rest my case.
Bulbul| 1.25.12 @ 3:27PM
I'm sorry but Obama never graduated from any University.
cowgirl| 1.26.12 @ 11:15AM
I am sorry but you are wrong:
After high school, Obama studied at Occidental College in Los Angeles for two years. He then transferred to Columbia University in New York, graduating in 1983 with a degree in political science.
Obama entered Harvard Law School in 1988. In February 1990, he was elected the first African–American editor of the Harvard Law Review. Obama graduated magna cum laude in 1991.
katherinec| 10.5.12 @ 6:35AM
Prove it. I am one of the 310 million Americans who have NOT seen Obama's applications to college or law school, have NOT seen Obama's transcripts at college or law school, and have NOT seen his diplomas from college or law school. Without proper documentation, he might as well have not done anything for those years except snort coke, smoke dope, and ride on the Affirmative Action train.
PolishKnight| 1.25.12 @ 1:58PM
I like the phrasing JFK used: "reversing discriminatory policies" when, in reality, it was about engaging in discriminatory policies IN REVERSE. In addition, with modern "diversity" and preferences for women, the rationaliztion of "getting even" doesn't even work: Women got all those comfy lifeboat seats so where's "men and children" first preferences there? And the millions of non-white immigrants requesting preferential treatment have never suffered at the hands of the American companies and government that's granting them such preferences.
It was race hustling from the beginning. MLK and JFK are the most overrated figures in history.
Al Adab| 1.25.12 @ 2:57PM
Although PK, it is fun to upset the "civil rights establishment" and the Left by quoting MLK and JFK. Drives them crazy.
Bulbul| 1.25.12 @ 3:27PM
ABOLISH THE AFFIRMATIVE ACTION!
shock nagasaki| 1.25.12 @ 4:04PM
Why is it that most writers do not discuss women when writing about affirmative action? Most, if not all, AA policies and quota systems require preferential treatment for women, as well. Are we scared to confront that elephant in the room, too? Is our society so politically correct that women are untouchables again?
Oldefarte| 1.25.12 @ 4:23PM
Racial preferences are DISCRIMINATORY, period. The Brown vs Bd. of Ed case of 1954 did away with 'seperate but equal' schools, and ever since all students of whatever race have the SAME schools, buildings, textbooks, computers, documentary materials, teachers, etc [and therefore the same OPPORTUNITIES]. What liberals want and demand is EQUAL RESULTS, ie an unlevel playing field. Apparently that is what Obama wants also!!!!!!!!!
Betina| 1.25.12 @ 10:36PM
Affirmative action has mutated into "multiculturalism" and "diversity. It's not even remotely associated with correction of historical misdeeds against American blacks. Now it includes letting every and any minority stomp on the straight white Christian man and get to the head of the line. So if if Juan swims the Rio and drags his arse to safety and then sends for Maria and the seven children to arrive under cover of darkness, he can be here two weeks and suddenly he's "special". He gets preferential treatment over the whitey. Last I heard we weren't shackling Mexicans down South, were we? Or how about Indians, Asians, Africans, Muslims, or any other third world left wing candidate for sainthood. Affirmative action in this day and age is a big fat phony and in all its disguises and transformations it's still blatant racial profiling and discrimination. The biggest bigots are the ones with the biggest demands. It has become the political answer to greed and envy for losers.
Leveut| 1.25.12 @ 10:55PM
It is worth mentioning that the opposition to Cal Prop 209 and Michigan civil rights initiative is extremely bizarre.
To see why, compare and contrast those two propositions with the Civil Rights Act of 1964.
Brian| 1.26.12 @ 2:37AM
We still have affirmative action because most ppl are completly un-aware its effected them. The government does not send you a "Dear whitey" letter.
Mark in LA| 1.26.12 @ 4:20PM
It's too bad we had a brain dead imbecile in the White House from 1981-1989 when affirmative action and political correctness could have been killed before it got ridiculous. Inseat we got a guy who expanded it, amnestied illegals, and gave "disadvantaged" status to Hassidic Jews and East Indians in government contracting.
Marc Jeric| 1.26.12 @ 5:22PM
These are the modern tools of communist take-over of our institutions: affirmative action, multiculturalism, inclusiveness, diversity, women's rights, equal pay for "equal" work, gay rights,... all the tools to supress the individual merit.
Thorvald| 1.28.12 @ 8:13AM
Perhaps the boldest remedy after 50 years of affirmative action would be to prohibit any level of government from even knowing ones race. Let's make Dr. King's dream come true. (Note that ones sex will still need to be recorded at birth for purposes of licensing marriages, and for keeping the Navy SEALS strong.)