Disparate Impact Delenda Est

Roger CleggDisparate Impact

Happy New Year!  And I’m happy to be able to start 2019 with some good news:  The Trump administration appears to be headed in the right direction on the issue of “disparate impact.”  Below are slightly edited versions of my latest three posts over the holiday season and into the new year on National Review Online, each dealing with this important issue. I should add that, at the end of last week, the Washington Post had a news story confirming this trend, and predictably the New York Times had an editorial over the weekend decrying it — but both the …

2018 CEO Activities Report

Roger CleggUncategorized

In addition to the Center for Equal Opportunity’s speaking on campuses and other venues, media outreach, and general research and writing (in National Review Online, Commentary Magazine, The New York Times, and other magazines, newspapers, and publications), here are just a few highlights of CEO’s work this past year.  An overarching point:  Last year, we hired former Reagan administration official, author, and prominent affirmative action critic, Terry Eastland, as our new senior fellow. He has been working on a variety of anti-preference projects, joining forces with CEO research fellow Althea Nagai, who published an important article on microaggressions and critical …

Felons and Federalists, Pelosi and Preferences

Roger CleggUncategorized

Last month the Washington Post published my response to an op-ed written by one of its columnists, Michael Gerson, on felon voting.  Here’s what I wrote: “If you’re not willing to follow the law yourself, then you should not have a role in making the law for everyone else, which is what you do, directly or indirectly, when you vote.  Mr. Gerson implied that Florida’s law was racially motivated, but a federal court of appeals ruled [[11-1] in 2005 that it was not.  “We have certain minimum, objective standards of responsibility and commitment to our laws that we require before entrusting …

20 Bad Arguments

Roger CleggEducation

Earlier this month, the trial ended in the lawsuit brought against Harvard University, challenging the school’s racially preferential admission system as illegally discriminating against Asian Americans.  The Center for Equal Opportunity has followed the matter closely, issuing two studies documenting Harvard’s discrimination that you can read here and here, and helping to write and joining an amicus brief in the case that you can read here.  And earlier this month, John S. Rosenberg — who edits the blogsite www.discriminations.us — and I wrote the piece below that appeared (slightly revised) in The Weekly Standard. The 20 Arguments for Discriminating Against …

Needed: A Disparate-Impact Inventory

Roger CleggDisparate Impact

I’ve given kudos to the Department of Justice for its filing against Harvard in the lawsuit where the school is charged with discrimination against Asian Americans in admissions.  (That’s a case where the Center for Equal Opportunity has also filed an amicus brief and published two papers, by the way.)  Here’s hoping that the administration will likewise oppose politically correct preferences in employment and contracting; for the latter, especially, there’s much the federal government needs to do to put its own house in order. The other big area of race-based decision-making is the application of the “disparate impact” approach to …

Suggested Reading on Civil Rights Issues

Roger CleggCurrent Events

Overview Two pieces from ScotusBlog discussing what the Supreme Court needs to do in the area of racial preferences, etc. http://www.scotusblog.com/2010/02/ending-racial-preferences/ http://www.scotusblog.com/2016/08/the-court-after-scalia-what-a-conservative-successor-to-justice-scalia-would-mean-for-affirmative-action/  Education Racial preferences in higher education:  These pieces discuss both why “diversity” should not be a “compelling interest” — and how the Court’s acceptance of it still leaves challenges to racial preferences quite possible.  https://www.insidehighered.com/views/2016/06/24/supreme-court-ruling-fisher-while-disappointing-narrow-one-essay  http://www.scotusblog.com/2012/09/online-fisher-symposium-no-compelling-interest-no-reason-not-to-say-so/ http://www.scotusblog.com/2015/09/symposium-getting-serious-about-racial-discrimination/ http://www.findlawimages.com/efile/supreme/briefs/02-241/02-241.mer.ami.ceo.pdf (CEO amicus brief in Grutter/Gratz) Race-based assignments in K-12 education: https://www.nationalreview.com/2012/05/bad-guidance-racial-preferences-roger-clegg/ Ending school desegregation decrees: https://www.justice.gov/sites/default/files/osg/briefs/1990/01/01/sg900145.txt (DOJ amicus brief in last Supreme Court case to address this issue)   (law review article by a former colleague) Employment https://www.nationalreview.com/2014/10/lawsuits-wanted-roger-clegg/ https://ceousa.org/attachments/article/1116/George%20W%20Bush%20Retrospective%202009.pdf (see …

Americans Don’t Like Racial Preferences

Roger CleggRacial Preferences

According to a recent survey, Americans don’t like racial preferences.  This is not news, being quite in line with many earlier polls, but the time and place here are rather propitious, with the Harvard affirmative-action case going to trial next week. The new survey, by Boston’s public-radio station no less, asked this question: “The Supreme Court has decided colleges can use race as one factor in deciding which applicants to admit. Do you agree or disagree with this ruling?” And 72 percent of those surveyed said they disagreed with the Court’s ruling, with only 24 percent agreeing. (Indeed, the only …

The Creepiness of Racial Preferences

Roger CleggUncategorized

Two items in the news recently highlight the creepiness of racial preferences. First, do you think it’s a good idea for medical schools to consider race, instead of simply who’s the best qualified, in deciding whom to admit?  To put it another way, would you like it if you knew your doctor might have been admitted in part for some reason other than his or her likely ability to become a good doctor? I explained to a reporter why such preferential treatment is a bad idea, and am quoted in this article.   Here’s the full response I emailed to …

Constructive Conservatism on Race

Roger CleggUncategorized

A few weeks ago on National Review Online, where I’m a contributing editor, there was a good exchange among David French, Reihan Salam, and yours truly, begun by David’s post, “There’s a Need for More Constructive Conservatism on Race.”  Below are my responses, first to David, and then to Reihan, who had replied to me. *          *          * Thanks for your post, David. I’d offer a few thoughts. First, the principal reason for the stubbornness of racial disparities in this country is family structure — i.e., out-of-wedlock birthrates. About seven out of ten African Americans are born out-of-wedlock, more than …

The Kavanaugh Hearings

Roger CleggUncategorized

Next week, on September 4, the Senate Judiciary Committee will begin its hearings on the nomination of Brett Kavanaugh to fill retired Justice Anthony Kennedy’s seat on the Supreme Court.  One item that has drawn some attention, and will doubtless draw additional attention at the hearings, is a brief the Mr. Kavanaugh helped author for the Center for Equal Opportunity and other clients before the Supreme Court in 1999.  You can read that brief here. We thought that, as a CEO supporter, you might be interested in the Washington Post article excerpted below, which discusses that brief and what it …