Home -> Law Blog Directory -> Legal Commentary Blogs -> Discriminations
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Commentary
: DiscriminationsBAMN, Affirmative Action Supporters Claim Equality Is Unconstitutional
Once again defenders of racial preferences are marching into federal court to argue that racial equality is unconstitutional. Peter Schmidt of the Chronicle of Higher Education reported this morning that BAMN will challenge California?s Proposition 209 by arguing that
the California measure, adopted by that state's voters in 1996, violates the Equal Protection Clause of the U.S. Constitution by placing a distinct set of legal hurdles in front of minority groups seeking to increase their representation on the university system's campuses.As I discussed here, preference pushers attacked the Michigan Civil Rights Initiative with the same incredible assertions, arguing that prohibiting preferential treatment based on race or ethnicity (quoting now from their Brief)
would single out specific categories ? race, sex, color, ethnicity, and national origin ? and place on actions related to those categories greater burdens than exist on government action unrelated to race, sex, color, ethnicity, or national origin. Such disparate treatment on the basis of race, sex, color, ethnicity, or national origin is, and for nearly three decades has been, a textbook violation of Equal Protection principles.My response now is the same as it was then:
It?s hard to know whether to laugh or cry at this claim. What the ACLU, NAACP, Laurence Tribe, and other worthies assert, with an apparently straight collective face, is that treating discrimination based on race, ethnicity, and gender in a different manner from other forms of discrimination (say, for or against peanut farmers or athletes) is to commit an unconstitutional form of discrimination.Indeed, the BAMN et al. argument against MCRI was itself a rehash of an argument against California?s Prop. that even the liberal Ninth Circuit virtually laughed out of court ten years ago:
In other words, the Civil Rights Act of 1964 and the Voting Rights Act of 1965 banning racial discrimination ? indeed, all civil rights acts that ban discrimination based on race or ethnicity or sex ? are unconstitutional because they single out race for special treatment!
To hold that a democratically enacted affirmative action program is constitutionally permissible because the people have demonstrated a compelling state interest is hardly to hold that the program is constitutionally required. The Fourteenth Amendment, lest we lose sight of the forest for the trees, does not require what it barely permits.Although this argument has yet to succeed in court, it has, unfortunately, not interfered with the careers of some of those who?ve made it. Ten days agoA state law that prohibits classifications based on race or gender is a law that addresses in neutral-fashion racerelated and gender-related matters. [Citing an earlier case], ?[i]t would be paradoxical to conclude that by adopting the Equal Protection Clause of the Fourteenth Amendment, the voters of the State thereby had violated it.?
[t]he Senate Judiciary Committee approved President Obama?s nomination of U.S. Magistrate Edward Chen to a federal judgeship in San Francisco on a party-line vote for the second time Thursday, with Republicans criticizing his public statements and background as an American Civil Liberties Union lawyer....President Obama obviously founds his argument agains colorblind racial equality not only not disqualifying but congenial.He was an ACLU attorney in San Francisco from 1985 to 2001 and worked on a suit unsuccessfully challenging Proposition 209, the 1996 initiative that outlawed state and local affirmative action programs based on race or gender preferences.
Full post as published by Discriminations on February 15, 2010 (boomark / email).
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?
Women and the Law
Earnings Gap
Women and the Law
Glass Ceilings:
Women and the Law
Women in the Justice System (judges, attorneys)
Women and the Law
Ttile IX
New York, NY and the NYPD
alleging false arrest for violating an unconstitutional anti-loitering law.
AIG Settles Injury Claim
for $18 Million
Failure-to-accommodate claim yields $1.82M award
$1.82 Million Awarded in Employment Lawsuit
Recovery Claim
Florida Insurance Guarantee Association agrees to pay $14 million settlement to Home Solutions of America for construction services.
PTDS class action
Veterans Post Traumatic Stress Disorder Class Action
ASMP and Other Visual Artists File Class Action Lawsuit Against Google
Google Faces Class Action for Copyright Infringement

Affirmative Action by Law Schools
Arizona Affirmative Action Ban will not be on November Ballot
Taylor on Rawlsian Affirmative Action
The Potency of Affirmative Action







