Michelle Malkin On Racial Profiling
I missed Michelle Malkin’s devastating criticism last week of “one of the most atrociously corrupt government endeavors in existence,” i.e., a racial profiling program that probably works the way most racial profiling programs work. A friend just brought it to my attention, and so I thought I’d bring it to yours in case you missed […]
More On “Roberts vs. The Future”
Several days ago I posted a long discussion (here) of Jeffrey Rosen’s long article in the New York Times Magazine on “Roberts vs. The Future.” For some reason I neglected to deal with Rosen’s riff on “racial classification” — maybe I thought my post was already too long, or I meant to do so in […]
The “Living” Constitution Is Really A Dead Constitution
Stop whatever you’re doing (except for finishing this sentence) and go read this excellent post arguing that a “living” Constitution is really a dead Constitution. (HatTip to Randy Barnett) For what it’s worth (not much, I suspect) I tried to make the same point about “intent” vs. “meaning” here, with reference to Martin Luther King’s […]
Dissing The Argument That Disproportion = Discrimination
Eugene Volokh argues, persuasively, that ethnic or racial disproportion (in a faculty, among students, etc.) is not necessarily the result of discrimination. Promoting racial and ethnic proportionality, however, does of necessity require racial and ethnic discrimination.
Unhappy Lawyers (And Other Good News)
The Lawyers Committee for Civil Rights Under Law is “highly troubled” by John Roberts’s views (or what they take to be his views) on civil rights. It thinks his record on civil rights issues reveals “a disturbing hostility towards core civil rights legal principles,” and it has just released a statement expressing its “serious concerns.” […]
Gotcha! Or Good News?
There they go again. Bloomberg News highlights another recently released early Roberts memo that many of us regard as grounds for endorsement rather than as an expos
Resembling Justice O’Connor?
Wade Henderson, the executive director of the Lawyers Committee for Civil Rights Under Law, points to John Roberts’s criticism of the FCC’s endorsement of racial preferences, upheld in Metro Broadcasting v. FCC, as a reason to oppose his nomination to the Supreme Court. Critics of Roberts often lament that he doesn’t resemble Justice O’Connor. Those […]
ACLU Criticizes FBI For Noticing BAMN
A press release from the ACLU announces that it has just released an FBI document that designates a Michigan-based peace group and an affirmative action advocacy group as potentially “involved in terrorist activities.” According to the ACLU, “This document confirms our fears that federal and state counterterrorism officers have turned their attention to groups and […]
Kotz Flops
As I indicated below in praising Jonathan Yardley’s criticism of Ira Katznelson’s new book, WHEN AFFIRMATIVE ACTION WAS WHITE, the book has valuable things to say about the shameful racial discrimination that was endemic to both FDR’s New Deal and Truman’s Fair Deal. That history, however, can provide a defense of racial preferences today only […]
Conservatives According To Cass
In an otherwise responsible and even interesting OpEd on what sorts of questions the Senate should ask Judge Roberts, liberal con law guru Cass Sunstein implies — actually, more than implies — that there are only two kinds of conservatives: No one doubts that [Judge Roberts] is conservative, but it is not easy to say […]
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