Roger Clegg


Republican politicians usually stay away from “affirmative action.” If the topic doesn’t come up in conversation, most don’t bring it up. If it does come up, they stick to platitudes.

I’m waiting for the Republican who includes racial preferences in his platform, with a campaign promise to abolish this practice in government.

The Center for Equal Opportunity’s Roger Clegg came up with several hypothetical questions for presidential candidates. An excerpt:

“Q. What do you think of affirmative action? Do you want to abolish affirmative action?

“A. Americans should not be treated differently because of their skin color or what country their ancestors came from. Period. We should all agree on that, because we’re all Americans. No discrimination, no preferences, no quotas, no goals based on race or ethnicity.

“Unfortunately, many so-called affirmative-action programs do just that, and they need to be changed. President Obama has acknowledged that there’s something wrong when well-to-do students (he gave the example of his own daughters) who apply to college are given a preference over students from poverty-stricken homes — just because the rich kids may have skin that’s a little darker than the poor kids, who happen to be white.

“That’s not what affirmative action or civil rights was originally supposed to be about. Now, if a program is designed to stop discrimination, that’s great – and it should stop it for everyone. If a program reaches out beyond an old-boy network, that’s great, too — but it should reach out to everyone. If a program is designed to help poor people, or small companies, or people who are the first in their families to go to college — again, fine, but that can describe people of any color and all ethnic groups…Diamonds in the rough come in all colors, you know.

“Q. But doesn’t discrimination still exist?

“A. Yes, unfortunately — and, unfortunately, there will always be some discrimination, even though we’ve made enormous progress. But the way to fight discrimination is not through more discrimination. As Chief Justice Roberts wrote, ‘The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.’ We have plenty of laws that ban racial discrimination, and they should be enforced. That’s the way to fight discrimination — not by piling politically correct discrimination on top of politically incorrect discrimination.”

I don’t deny that bias exists. But as Clegg said, the solution isn’t outright bias in the other direction. We must combat personal bias through enforcement—and reinforcement—of our laws, which are more than sufficient.

Admitting/hiring/promoting an individual on the basis of race is wrong; denying admission, employment, and promotions on the basis of race is equally wrong.

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Roger Clegg on Duke Study

by lbarber on 01/25/2012

in Roger Clegg

The Center for Equal Opportunity’s Roger Clegg has a blog post up at Minding the Campus about the Duke study I blogged about on Monday. His is a great title and sums up the main objection nicely:

The study revealed that white students enter college with higher GPAs than black students, and although the gap narrows, the researchers attribute this narrowing to blacks switching to less  demanding majors. It’s an important qualitative difference, and undermines the “blacks will catch up” rationale.

An excerpt from Clegg’s post:

There’s not much in it that denies the truth of the paper’s conclusion, but what’s interesting is that the story suggests that many think that researchers should keep such unpleasant facts to themselves:

“The implications and intentions of this research at the hands of our very own prestigious faculty, seemingly without a genuine concern for proactively furthering the well-being of the black community is hurtful and alienating,” wrote the officers of Duke’s Black Student Alliance in an email sent to the state NAACP.

The letter from Nana Asante, president of the alliance, challenged the faculty members involved in the research and the university administration to consider “what image has this … report portrayed to the rest of the country, namely our peer institutions, about Duke and its black students?”

Note the suggestion that that research should not be undertaken by those at a school if the results might turn out to be unpopular at, or unfavorable to, the school.  The story concludes:

The BSA officers, in the letter, ask what “acknowledgement or intervention took place, in the best interests of black students” by the university administration when the results of the research were known.

They also extended “an invitation to the authors of this research to engage in a dialogue that addresses our concerns about research’s intent, methodology, analysis and conclusion, in addition to its validity.”

Again, the suggestion seems to be that somehow the administration should have intervened once the study’s results were known, and that researchers need to have the right “intent.”

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Why are some racial preferences opponents eager for the U.S. Supreme Court to revisit racial preferences? I want the court to hear Fisher v. Texas to determine how states have applied eight-year-old Grutter v. Bollinger, the case that allows taxpayer-supported schools to use race as a “plus” factor in admissions. Although schools must consider race-neutral alternatives first, at least one—the University of Texas—resumed race-based admissions despite an effective race-neutral process.

The Center for Equal Opportunity’s Roger Clegg also wants the court to take the case. He writes:

“[T]he landscape has changed since 2003, there is much important new evidence, and Fisher raises problems beyond Grutter.

“The first thing to consider is the changing face of America. Take a look at this census chart. It shows that America is increasingly a multiracial and multiethnic country. Over one in four Americans now say they are something other than simply ‘white.’ Blacks are no longer the largest minority group: Latinos are.

“And blacks and whites are the slowest growing populations. Since the last census, the Latino population has grown by 43.0 percent, and the Asian population has by 43.3 percent. The black population has grown by only 12.3 percent, and the white population by only 5.7 percent.

“And it’s interesting that the number of Americans who identify themselves as belonging to ‘two or more races’ has grown by 32.0 percent. That doesn’t even count those Americans, like our president, who are multiracial but for whatever reason declined to identify themselves in that way on the census form.

“In such a country, it is simply untenable for our institutions to classify and sort people on the basis of skin color and national origin, and to treat citizens differently — some better, some worse — depending on which silly little box is checked.

“It is no longer the case that Jim Crow–advantaged whites are being displaced by just-liberated African Americans. Indeed, it is more and more the case that preferences are used to give an advantage to Latinos over Asians — to such an extent that, as one recent Associated Press story documents, Asian students try at all costs to avoid identifying themselves as such on their college admission applications. Now what is the historical justification for that?”

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Did you know that earlier this month, the Obama administration released two documents to help taxpayer-supported schools admit individuals based on the color of their skin? I suppose a better question is, do you care? If you don’t, you should. In 2011, we’re still allowing our government to discriminate against some and prefer others on account of race.

Although the Civil Rights Act of 1964 states that no individual “in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving” taxpayers’ money, we the people continue to fund programs and activities that violate the law.

Despite clear and plain language to the contrary, our U.S. Supreme Court has interpreted the law to allow racial discrimination in government. Eight years ago, the court upheld the University of Michigan law school’s use of race as a “plus” factor in admissions in Grutter v. Bollinger. As long as a school’s racial discrimination policy is “narrowly tailored” to further the state’s “compelling governmental interest” of increasing brown faces on campus, the court reasoned, it’s okay. With a wink-nod to law, the court contended that schools must engage in “serious, good faith consideration of workable, race-neutral alternatives” before considering race.

According to the court and various “experts,” obtaining a “critical mass” of brown people beyond a few tokens is important for “cross-racial” understanding and breaking down racial stereotypes…you know the kind of stereotypes that deem brown people so unique as to justify racial discrimination to pump up their numbers. These exotic brown people think differently from non-brown people, so everybody benefits when brown people walk among them, sharing their cultures, ideas, and viewpoints.

[click to continue…]

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The Washington Post published Roger Clegg’s long letter to the editor in response to hiring more Hispanic teachers:

“The gist of the Nov. 16 news article ‘In search of Hispanic teachers‘ was that, because the number of Hispanic students is growing, Prince George’s County public schools and school systems elsewhere want to hire more Hispanic teachers. This is untenable as a matter of both law and logic.

“Federal civil-rights statutes and the Constitution forbid hiring teachers with an eye on race or ethnicity. The Supreme Court has expressly rejected the notion that faculty racial percentages should mirror student-body racial percentages (Hazelwood School District v. United States, 1977), as well as the ‘role model’ justification for faculty discrimination (Wygant v. Jackson Board of Education, 1986). As Justice Lewis F. Powell Jr. wrote in the latter case, ‘Carried to its logical extreme, the idea that [minority] students are better off with [minority] teachers could lead to the very system the Court rejected in Brown v. Board of Education.’

“Nor can the fact that many Hispanic students may need teachers who can speak Spanish justify a preference for Hispanic teachers. Many Hispanic teachers do not speak Spanish, and many non-Hispanic teachers do; so if the aim is to hire teachers who can speak Spanish, it makes no sense to hire on the basis of language stereotyping.”

Stereotyping is what racial preferences are all about. Positive stereotyping is that which “benefits” the minority, like “good” discrimination. Racial preference policies presume that an individual’s skin color endows him with certain qualities that are so important as to justify race-based hiring or admissions. If the goal is to acquire more Spanish-speaking teachers, as Clegg notes, the school doesn’t have to prefer Hispanics over non-Hispanics. But the goal likely has more to do with ethnicity than the ability to speak Spanish. The “speak Spanish” requirement or preference is code for Hispanic. Only the dull, the willfully ignorant, and the dishonest will miss it.

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Minority Business Up After Charlotte Drops Racial Preferences

October 31, 2011

The city of Charlotte (North Carolina) used to require contractors to set aside subcontract work for black- or female-owned business. Someone raised a legal challenge, and the city removed the race and sex elements and renamed the program Small Business Opportunities. Although the program still involves a set-aside (contractors must subcontract 12 percent of the [...]

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Roger Clegg Debates Larry Church, Parts 3&4

October 24, 2011

Part three: Part four: Also see parts one and two of the debate at the University of Wisconsin-Madison.

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Roger Clegg Debates Larry Church at UWM

October 18, 2011

Part one: Part two:

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Roger Clegg’s Mob

September 20, 2011

Last week I blogged about how Roger Clegg was mobbed at a hotel in Madison, Wisconsin, while answering questions about the Center for Equal Opportunity’s “controversial” studies that showed the University of Wisconsin at Madison and the law school lower admissions standards for certain racial minorities. In his own words: “Since I was there, I [...]

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Lowered Standards in Wisconsin

September 14, 2011

Liberals love demonstrating their perverse idea of tolerance by shouting down or attacking conservatives on campuses and in the public square. Yesterday, a “diverse” group of protestors at the DoubleTree Hotel in Madison, Wisconsin, shut down a press conference about a study exposing the University of Wisconsin-Madison’s (UW-Madison) race-based admissions scheme. Roger Clegg, president and [...]

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