There Is No “Resegregation”

Roger CleggRacial Preferences

Last Saturday was the 60th anniversary of Brown v. Board of Education, and that prompted many on the Left to claim that any celebration should be tempered by a recognition that “segregation” and/or “resegregation” continues.  Below is an op-ed I wrote for USA Today that explains why these claims are specious.  Center for Equal Opportunity board member Abigail Thernstrom and her husband Stephan likewise set the record straight in their excellent Wall Street Journal op-ed here. On May 17, we will celebrate the 60th anniversary of the Supreme Court’s landmark decision in Brown v. Board of Education. And that is …

The Multi-Front War against Racial Admission Preferences

Roger CleggRacial Preferences

Our friends at the Pope Center for Higher Education Policy recently asked me to write for them on the latest developments in the fight to end racial and ethnic preferences in university admissions.  Here’s what I said: Racial preferences have never been popular among most Americans, and in fact they are becoming less and less popular.   One reason is the simple passage of time. Many people felt viscerally that some sort of affirmative action made sense 50 or 60 years ago, when Jim Crow had been the law until quite recently and the beneficiaries of preferences would be individuals …

Bean-Counting and Bias

Roger CleggUncategorized

An AP story this week laments: “U.S. teachers are nowhere near as diverse as their students,” and says liberal groups “want more to be done to help teachers mirror more accurately the students in their classrooms.”  Those groups say that minority students do better if they have a teacher “who looks just like them” and — rather contradictorily — that white students benefit by “engaging with people who think, talk, and act differently than them” (uh, stereotype much?).  But, the article concludes, it “will take political will” and better “programs and policies” designed “to increase the number of minority teachers.” But …

Victory in the Supreme Court!

Roger CleggUncategorized

Last week the Supreme Court upheld the constitutionality of a Michigan ballot initiative that banned, among other kinds of affirmative action, racial and ethnic preferences in admissions to public universities.  This is a case that the Center for Equal Opportunity has been involved with for a long time.  We had joined amicus briefs with the court of appeals and the en banc court of appeals, and then also joined two briefs in the Supreme Court: one urging the Court to take the case and, when the Court did so, another urging it to rule the way it did.  What’s more, …

Some GOOD Things That Congress Could Do

Roger CleggUncategorized

The federal government wittingly and unwittingly endorses a great deal of racial discrimination in America. A 2011 report by the Congressional Research Service catalogued literally hundreds of government-wide and agency-specific set-aside and preference programs and grants throughout the entire executive branch that amount to some form of racial discrimination. If Congress wants to do something about it, and drastically reduce the amount of discrimination that goes on, it should look carefully at each of four bills that the Center for Equal Opportunity and the Heritage Foundation recently drafted as model legislation. (The bills are described in detail here, and this …

Your Tax Dollars in Action

Roger CleggUncategorized

Last year I wrote here about the U.S. Equal Employment Opportunity Commission’s ridiculous “disparate impact” lawsuit against Kaplan Higher Learning Corp. The Obama administration sued Kaplan for running credit checks on employee applicants – similar, by the way, to the ones the EEOC itself uses.  Kaplan had learned that some of its employees had misappropriated student payments and, to provide safeguards against this behavior, it began screening its applicants for major red flags in their credit histories. The EEOC sued Kaplan, arguing that it cannot use credit checks, because use of credit checks has a disparate impact on black applicants. Anyway, …

No. 3 DOJ Official Praises Al Sharpton

Roger CleggUncategorized

In his remarks at the “Strengthening the Relationship Between Law Enforcement and Communities of Color Forum” last week, Associate Attorney General Tony West gets the ball rolling this way: “Let me also express appreciation to Reverend Al Sharpton, not only for joining us this morning but for his leadership, day in and day out, on issues of reconciliation and community restoration.”  Al Sharpton — a leader for “reconciliation”?  Really? Mr. West also praises New York City mayor Bill de Blasio: “In the short time the Mayor has been in office, the Justice Department has established a productive working partnership with the City of …

Racial Preferences and Higher Education

Roger CleggRacial Preferences

Here are some thoughts on recent news stories related to race and higher education.  First, as we await the Supreme Court’s decision in Schuette v. BAMN, consider how that case might fit in with the latest news from California on SCA 5.  That is, in the Schuette case, it is being argued that a Michigan ballot initiative banning, among other things, racial preferences in university admissions ought to be struck down as antiminority.  And yet, in California, the SCA 5 legislative effort to repeal the ban there on racial preferences in university admissions was withdrawn because of pressure from a racial …

The Right Way to Interpret the Voting Rights Act

Roger CleggDisparate Impact

As Eric Holder’s Justice Department attacks voter-ID laws in Texas and North Carolina, Hans von Spakovsky of the Heritage Foundation and I have written a paper that warns the courts that they should be wary of construing Section 2 of the Voting Rights Act to find liability when only a “disparate impact” on the basis of race has been shown. “Disparate impact” is the favored but dubious legal theory of the Obama administration. It’s being used to attack everything from election integrity to the financial industry when DOJ doesn’t have any evidence of intentional discrimination. This theory lets DOJ attack …

California Keeps Its Ban on Racial Preferences

Roger CleggRacial Preferences

“California voters will not be asked this year to decide whether to roll back California’s ban on racial preferences in college admissions, Assembly Speaker John A. Perez,” announced this week, according to the Sacramento Bee.  The story notes, “The move came a week after three Asian-American state senators — who had previously supported putting the question to voters — asked Perez to put a stop the measure ….” That’s great news, and here’s hoping the withdrawal is permanent.  The fact that what doomed the measure was opposition from Asian Americans is important, too, with a caveat.  An important problem with …