Tag: reverse discrimination

A Big Win by the Supreme Court

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The big news this week is the Supreme Court ruling in Louisiana v. Callais.  A racially gerrymandered district in Louisiana was challenged on the basis that creating a black district for racial reasons was unconstitutional.  The Court agreed and found that district’s creation unconstitutional.

This ruling is quite important because it has the potential of eliminating something like twelve districts in the Deep South that in addition to being majority black are also exclusively Democrat in their choice of elected officials.  That is an enormous switch in the balance of power in the House of Representatives.  The question remains to be seen how quickly can these states redraw the districts.  If they can do this in time for the 2026 federal elections it would massively increase the Republicans’ chances of retaining a majority in the House.

In addition, going into the 2028 presidential election it would allow other states to adjust their districts strictly by partisan advantage and so the number of seats nationwide would be even larger.  Some estimates of as many as twenty-four Democrat controlled seats disappearing are out there.

The severity of this problem has the Democrats in an uproar and they have been talking about getting the government back in their hands as soon as possible and eliminating the filibuster rule to increase the number of seats in the Supreme Court to overturn this decision.  Now, that is going to have to wait at least until 2028 since Trump wouldn’t sign such a bill and overriding his veto would require many more senate seats than anyone imagines them to get in 2026.

In the short term this situation is something of a game changer.  This has the potential of eliminating a whole industry centered around finding racial inequity around every redistricting action across the country and forcing jurisdictions to prove they are not disenfranchising every racial and ethnic minority under the sun.

On a personal note, I find this decision incredibly encouraging.  The present Supreme Court despite Chief Justice Roberts’ social justice leanings has done amazing work in dismantling the unconstitutional decisions that have come down over the last half century.  Eliminating reverse discrimination and knocking out the Roe v. Wade decision are huge wins for conservatives and constitutionalists alike.  And, God willing, they’ll continue on in this vein and eliminate the Gay Marriage decision and several other overreaches that past courts have unjustly burdened this country with.

The next two things that I’m hoping for is the reversal of Oglethorpe (gay marriage) and the reestablishment of unfettered freedom of association for Americans.  As a charter member of the He-Man Woman Hater’s Club, I’m hoping to see the day when a men’s club will not have to admit women just because girls’ feelings are hurt when men get to escape from them for a few hours of screech-free relaxation.  If the Bill of Rights still exists as part of the Constitution, then the First Amendment protects our rights to assemble and express our preferences by associating and not associating with people according to our commonalities and differences.  Let’s hope these gains continue.

Correcting the Civil Rights Acts

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Chris Rufo has written what I think is an interesting article in the City Journal.  It’s called, “A New Civil Rights Agenda:

The only hope for a diverse nation is a regime of colorblind equality.”

Rufo points to the Civil rights Act of 1964 and some of the later additions to it for our unfortunate situation.  He claims that both Libertarians and the Dissident Right advocate solutions that he feels are unworkable.

“The question is what to do about it. Libertarians have long argued that the Civil Rights Act compromises core freedoms of speech and association to such a degree that only repealing the law can restore them. Another faction argues that the solution to minoritarian identity politics is majoritarian identity politics—that is, if the legal regime has become a racial spoils system, then Americans of European descent must develop “white racial consciousness” and fight for their share.”

Instead, he outlines three steps that he feels would eliminate reverse discrimination:

“First, reformers should outlaw affirmative action and racial preferences of any kind. … The next president should rescind Lyndon Johnson’s 1965 Executive Order 11246, which established “affirmative action” and marked the initial deviation from the standard of colorblind equality.

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Second, reformers must eliminate the “disparate impact” provisions in the Civil Rights Act of 1991 and overturn Griggs v. Duke Power Co., both of which have entrenched the doctrine that disparate group outcomes are de facto evidence of racial discrimination.

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Third, legislators should abolish the DEI bureaucracies in all American institutions, which openly discriminate against disfavored racial groups, impose ideological orthodoxies on American citizens, and restrict freedoms of speech and association. In addition, federal legislators should radically reduce the size of the federal departments of civil rights enforcement.”

I am not a politician or a lawyer but even an uninformed layman can see that those changes will require either control of both houses of Congress and the president or the Supreme Court to get involved in outlawing whole bureaus of the executive branch out of existence.

I’m not saying it can’t be done but I can understand why there might be a high degree of skepticism on the part of dissidents.  Conservatives have been bamboozled by the Republican establishment into hoping for colorblind reform forever and it’s never happened.

But recently we had the Supreme Court strike down affirmative action in college admissions.  If they decide to strike it down entirely then possibly all of the three actions that Rufo outlines might actually be covered under this decision.  With a conservative president and the Supreme Court outlawing reverse discrimination we might see sixty years of injustice eliminated in short order.

Okay, enough happy, happy talk.  Rufo’s thesis is that conservative government would be well within its rights to eliminate almost all of the most obnoxious components of today’s racial reverse discrimination policies.  But what he describes would take a courageous Supreme Court and a conservative president willing to use his authority as head of the executive branch to bring the various agencies to heel.

Let’s just say that I completely understand the Dissident’s Right’s skepticism.  And all this depends on a conservative president.  Will we ever see another one of those?  Stay tuned till November.