July 2009

Juan Williams on Ricci

by lbarber on 07/31/2009

in General

Juan WilliamsA few years ago, I interviewed Fox News’s Juan Williams and wrote a review of Enough: The Phony Leaders, Dead-End Movements, and Culture of Failure That Are Undermining Black America — and What We Can Do About It. The thesis of his book was that so-called black leaders must step out of the arena of corporate shakedowns, scandals, and outdated rants about the sins of white people (quoting myself) and serve as true leaders focusing on self-determination and individual responsibility.

The book’s message was important, and the fact that Williams votes for Democrats made it more powerful. His advice and suggestions were common sense and empowering, although I knew he supported what he calls “affirmative action,” which is not common sense and quite the opposite of empowering. Commenting on the Ricci v. DeStefano case in the Washington Post, he laments the “death” of racial preferences:

“It is a death that has come too early, as even the nation’s latest unemployment numbers show. African Americans have close to double the joblessness of whites, while the unemployment rate among Latinos is a third higher than that of whites. In a nation that is rapidly becoming more racially diverse, these are destabilizing disparities in power and class. In the professional world, blacks and Hispanics make up a mere 4 percent to 6 percent of the nation’s lawyers, doctors and engineers. These gaps are exacerbated by differences in education and income and, more important, by the history of government-enforced segregation that long denied African Americans entry into schools and the business world.”

Is Williams implying that disparities between the races are caused by racial discrimination and, therefore, hiring and admitting based on race is warranted? He may want to read Shelby Steele’s article for a different view on the topic. At any rate, Williams lets both sides have it as he theorizes why racial preferences are on the wane:

“More often than not, it is the American left that gets lost in absurd fantasies about race in this country. They pretend there has been no progress in recent decades, even when they see the rise of a black middle class and witness the election of a mixed-race president and the likely confirmation of a Hispanic woman to the Supreme Court. But today, it is the right wing and its supporters on the high court who are making stuff up. They pretend that the nation is already so transformed that a colorblind America is a reality and that affirmative action is superfluous, so much so that white employees in a city fire department — an arena long dominated by Irish and Italian Americans — need help from the Supreme Court to get a promotion.”

Whether the nation is transformed is an important point to consider in the preferences debate, but there’s more to it. Discriminating against whites to make up for past discrimination against blacks is not the solution to the disparities problem, and Ricci does not damage the civil rights cause, as Williams contends. Treating people as members of racial groups and not as individuals damages the civil rights cause. And telling a race of people that they must be held to a lower standard also damages the cause.

How is Williams defining the term affirmative action? (The question is somewhat rhetorical.) As originally conceived, it meant taking steps to include more qualified minorities in hiring and admissions pools. It quickly morphed into a racial spoils system to purportedly redress America’s racial wrongs. Roger Clegg asserts that discrimination will always be with us. “The question is whether the best way to fight discrimination is with more discrimination, rather than simply enforcing the very available and effective laws we have on the books against discriminating.”

Most preference opponents say no. Tying all of this together with Steele’s and Clegg’s comments, the solution lies elsewhere. It must begin in the lives of individuals, each of whom is protected by laws against racial discrimination. Black families must commit themselves to building stable homes for their children, incorporating the values of education and hard work, and developing the courage to embrace the freedom America affords in practice.

If Ricci is any indication, government-sanctioned racial preferences face a bleak future. Now’s the time to come up with and implement a better solution to the racial “problem,” and it must start with the individual.

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academiaEarlier this month we blogged about the Ricci v. DeStefano in the context of higher education. Some assert that Ricci applies only to standardized employment tests and won’t impact overall efforts to achieve diversity in higher education. Peter Wood of the National Scholars Association states the matter this way:

“If Ricci turns out to mean that employers can now administer skills tests for hiring and promotion with much less fear of disparate impact lawsuits, perhaps we will see some relief from the pressure on high school graduates to go to college to ‘get the credential.’ History, of course, cannot just be shoved into reverse. The cultural pattern in America of sending on to college higher and still higher percentages of high school graduates has momentum of its own, and is bolstered by the need of colleges and universities to keep the tuition flowing.”

The Center for Equal Opportunity‘s (CEO) Roger Clegg, writing for the Pope Center, discusses the impact Ricci will have on academia:

“If university officials breathed a sigh of relief after the Supreme Court handed down its recent decision in Ricci v. DeStefano, the New Haven firefighters case, they made a mistake. Many seem to believe that the case won’t have any impact on their use of racial preferences in faculty decisions…A gulp would be more appropriate than a sign of relief. Ricci should and will apply to common college and university racial preference policies in hiring. Officials ignore it at their peril.”

Clegg recalls a similar case, Rudin v. Lincoln Land Community College. The school selected a candidate pool that didn’t include a black person. A black man named Paul Hudson was added. Although he ranked second from the bottom of the pool, he got the job. Janine Rudin, who ranked second from the top, sued on racial and sexual discrimination grounds. The trail court dismissed her case, but the 7th Circuit reversed and remanded. Although the case was settled, it’s an example of shifting court sentiment on disparate impact, a judicial interpretation of the Civil Rights Act.

“The Rudin and Ricci cases together show that the courts won’t take a blasé attitude toward hiring practices in higher education where some people are given advantages simply because of their race,” Clegg writes.

Read the full article here.

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stethThe House of Representatives’ version of the so-called health care reform bill contains several references to racial preferences. Here’s an example, found on pages 881-882 (emphases added):

“In awarding grants or contracts under this section, the Secretary shall give preference to entities that have a demonstrated record of…Training individuals who are from underrepresented minority groups or disadvantaged backgrounds.”

For the record, “disadvantaged backgrounds” isn’t referring to individuals of any race; it means racial minorities. This practice, illegal under the U.S. Constitution and the Civil Rights Act, provides medical schools with a perverse incentive: lower standards for black applicants and assess their qualifications on a separate track to get more taxpayers’ money.

All in a day’s work for the Obama administration. After all, Thomas Perez, the president’s nominee for assistant attorney general for civil rights, believes medical schools should drop standards for black applicants because they’re more likely to work in “underserved” communities than white doctors. In other words, he wants to send lower quality doctors to poor communities.

Nice.

You may download the 1,018-page document here.

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Shelby SteeleThis article by Shelby Steele has so many nuggets of insight, I hardly know where to begin.

I’ve been blogging and writing articles about racial preferences since 2003. One of the reasons I’ve been called a self-hater and sent hate mail is because I’m not shy about publicly discussing the real reason disparities exist between blacks and whites.

Steele, author of such books as Content of Our Character: A New Vision of Race in America and White Guilt: How Blacks and Whites Together Destroyed the Promise of the Civil Rights Era, shares my openness about this topic.

Our “preoccupation with preferences may be a fool’s errand,” writes Steele. “With black youths performing worse on the SAT in 2000 than in 1990, the obsession with affirmative action may only help us avoid the more troubling reality: the ongoing underdevelopment that keeps so many blacks non-competitive.”

He argues that underdevelopment, not discrimination, is the problem. Under the auspices of “white guilt” for past discrimination, America instituted a system to rectify this historic wrong. So-called affirmative action was developed to restore “legitimacy to American institutions” primarily, with uplifting formerly oppressed minorities as a secondary concern.

We now know that racial preferences have not closed the academic achievement gap or helped blacks achieve true equality, as Steele notes. Parity in skills and competence is required to close the gaps and decrease disparities. Hand-outs help American institutions feel legitimate, and Steele wonders how long it will take for these institutions to feel legitimate without condescending to a racial group.

The question demands an answer or at least a rigorous and public discussion. The Ricci v. DeStefano case puts the matter in stark relief. The notions of disparate impact, a judicial interpretation of the Civil Rights Act, and Equal Protection, a constitutional right, clearly are incompatible, as I mentioned in Ricci and the Title VII Catch. Steele writes:

“Disparate impact has two inherent corruptions: It allows discrimination to be established by mere presumption, and it makes victimization collective. By disparate impact, all blacks in the New Haven, Conn., fire department were presumed victims of discrimination without any evidence that the city actually discriminated against any of them. And the city threw out the test because it knew that a failure to promote blacks (while whites were being promoted) would automatically make the city guilty of and liable for discrimination. The Ricci case illustrates the irrationality of disparate impact. As New Haven threw out the firefighter’s test because of its disparate impact on blacks, it created a disparate impact on whites…Racial preferences only extend the misguided logic of disparate impact.”

I’ve argued many times that black Americans must be consistent in their support for equality. If racial discrimination against blacks is wrong, racial discrimination against whites is also wrong, regardless of historical baggage. We must embrace and demand that our government embraces individual rights over racial group preferences.

“We blacks know oppression well, but today it is our inexperience with freedom that holds us back almost as relentlessly as oppression once did,” Steele writes.

In a sense, embracing freedom requires us to remove the net and fearlessly face what it means to be free and morally responsible individuals.

“Success in modernity will demand profound cultural changes — changes in child-rearing, a restoration of marriage and family, a focus on academic rigor, a greater appreciation of entrepreneurialism and an embrace of individual development as the best road to group development.”

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Walter WilliamsWe’ve blogged about the U.S. Naval Academy lowering its standards for minorities a few times. In a “diversity” outreach effort, the school practices two-tiered admissions, assessing black applicants under a separate and lower standard than other applicants. Professor Bruce Fleming, a professor at the Academy, publicly exposed this practice.

Walter Williams, author of such books as More Liberty Means Less Government: Our Founders Knew This Well and Liberty versus the Tyranny of Socialism: Controversial Essays, goes further by revealing that the Naval Academy offers remedial help for black applicants. But it’s worse than it sounds:

“Many black students are admitted to the Naval Academy through remedial training at the Naval Academy Preparatory School (NAPS) in Newport, R.I., which is a one-year post-secondary school. Finishing the year with a 2.0 GPA, a C average, almost guarantees admission to the academy. A C average for remedial work is nothing to write home about. Occasionally, when students don’t make the 2.0 GPA target, the target is renegotiated downward. Minority applicants with SAT scores down to the 300s and with Cs and Ds grades (and no particular leadership or athletics) are also admitted after a remedial year at the Naval Academy Preparatory School.

“Bruce Fleming, an English professor at the academy for 22 years, teaches a remedial English class and finds that in his spring 2009 class, most of NAPS’s students earn Cs and Ds and many are on probation. About seven years ago Professor Fleming was on the admissions board, where the standing instruction is not to write anything down because ‘everything is ‘FOI’able’ — meaning it can be demanded under the Freedom of Information Act. Such an instruction highlights the dishonesty of race preferences. The dishonesty doesn’t stop there. The academy will go to great lengths to retain black students. When Professor Fleming charged a black student with plagiarism, he was not properly informed of the hearing and subsequently the student’s peer group found him not guilty. Honor violations by black students are usually ‘remediated.’”

Naturally, such practices stigmatize all black students, even those admitted based on grades and scores and not skin color. But that’s the reality of lowered standards. Unless one wears a sign around his neck that lists his grades and scores, he will be considered an “affirmative action” admittee if he’s black.

So much for racial progress, eh?

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Ward Connerly on Ricci

July 16, 2009

The American Civil Rights Institute‘s Ward Connerly penned an op-ed for the Christian Science Monitor about Ricci v. DeStefano. “Discrimination in employment on the basis of race, sex, skin color, ethnicity, or national origin is a violation of the 1964 Civil Rights Act,” he writes. “Yet that fact seems to either go unnoticed or is [...]

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NAACP Acknowledges Racial Preferences Defeat

July 16, 2009

Addressing an audience at the NAACP National Convention, president Benjamin Jealous acknowledged that racial preferences are unpopular and face future defeat (with a shout-out to Ward Connerly): “And we will need all those friends and many more because I’ll tell you this: The days of Ward Connerly beating us at the ballot box are nigh. [...]

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Heather Mac Donald on Ricci Bottom Line

July 15, 2009

The Manhattan Institute’s Heather Mac Donald says what many people don’t want to hear. Commenting on Ricci v. DeStefano, she cuts to the chase in City Journal: “The main function of the race industry today is to repackage problems of black underachievement as instances of white racism. For decades, the vast majority of alleged discrimination [...]

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Roger Clegg Comments on Lani Guinier Article

July 15, 2009

Lani Guinier, who said African immigrants should not receive racial preferences because they are not descendants of black American slaves, co-wrote an article in the New York Times with Susan Sturm, a fellow liberal law professor. Guinier was Bill Clinton’s nominee for Assistant Attorney General until her pro-quota views became known. I echo what the [...]

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‘Wise Latina’ Sotomayor Plugs Her Impartiality

July 14, 2009

Sonia Sotomayor faces a second day of questions posed by members of the Senate Judiciary Committee for confirmation to the Supreme Court. The “wise Latina” said she’d be an impartial judge, despite previous statements that indicate the contrary. “Many Senators have asked me about my judicial philosophy. It is simple: fidelity to the law. The [...]

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