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Category Archives: The New Jim Crow

Reports of Jim Crow’s demise are a bit premature…

Police Shooting in Georgia – Half of Victims Unarmed or Shot in the Back

Incredible statistic. Basically Ga cops are shooting people regardless of the situation, and the state is doing nothing…As usual.

The New Jim Crow – Lynching by Cop.

The Old Jim Crow

The New Jim Crow

Over half of blacks in Georgia who are shot by police are unarmed or shot in the back: report

An analysis of records in Georgia found that over half of blacks shot by police were either unarmed or were shot in the back.

According to a report compiled by the Atlanta Journal Constitution and Channel 2 Action News, two out of five whites shot by police in Georgia since 2010 were shot in the back or were unarmed. For black Georgians, that number rises to three in five.

The investigation found that police shot blacks at twice the rate of whites when the percentage of the population was taken into account. At the same time, 78 percent of the officers who pulled their triggers were white.

The analysis found that in 19 percent of all black shootings and 16 percent of all white shootings, the suspect was unarmed. Reporters found at least 70 cases since 2010 where suspects suffered bullet wounds to their backside. In 11 cases, the suspect was both unarmed and shot in the back.

“So many of these cases involve somebody being shot in the back. It’s very, very troubling,” police shootings expert Philip Stinson of Bowling Green State University told the AJC. “I can think of some very, very limited circumstances where it would be legally appropriate, but it’s rare circumstances … You can’t just shoot somebody that’s running away from you.”

According to the report, 20 of the officers involved in fatal sootings had been previously disciplined. The state reportedly has no system in place to track police shootings statewide.

Georgia Association of Chiefs of Police Executive Director Frank Rotondo insisted that law enforcement officials knew that the situation had to change.

“We already recognize there is a problem,” Rotondo explained. “We are not blind to the idea that there is a problem in our country. And we are not blind to the idea that we have a lot of shootings that occur in Georgia.”

Lawmakers are expected to debate changes to a law next year that currently gives police officers involved in shootings the right to sit in on the entire grand jury and to provide a statement at the end that cannot be questioned by prosecutors.

 

 
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Posted by on December 23, 2015 in BlackLivesMatter, The New Jim Crow

 

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How Conservatives Re segregated American Universities

The Old Jim Crow, just like the New Jim Crow – just under a different name

A lot of lies flying around about black students in “Flagship” State Universities.

You start out in 1954 by saying, “Nigger, nigger, nigger.” By 1968 you can’t say “nigger”—that hurts you, backfires. So you say stuff like, uh, forced busing, states’ rights, and all that stuff, and you’re getting so abstract. Now, you’re talking about cutting taxes, and all these things you’re talking about are totally economic things and a byproduct of them is, blacks get hurt worse than whites.… “We want to cut this,” is much more abstract than even the busing thing, uh, and a hell of a lot more abstract than “Nigger, nigger.” – Republican Political Strategist Lee Atwater

The conservative attack on Affirmative Action is just one of those things Atwater mentions which hurt minorities worse than whites.

The issue in my mind, is that as a citizen of the state, we are paying our tax dollars for these institutions. In Virginia, black folks are paying 22% of the tax to support State Universities., to only have 7% of the benefit. Not any different than the Old Jim Crow, where black folks paid taxes, and couldn’t get a road built in their neighborhood. That is like going to the local convenience store to buy a bottle of water, and the bottles for black folks only being 1/3rd full even though you pay the same price as everyone else.

That is called racism and discrimination. which is exactly what the conservative 5 on the Supreme Court want to do.

Black Students Are Being Shut Out Of Top Public Colleges

And the Supreme Court could soon make it even worse.

As racial unrest sweeps across major college campuses, and African-American students demand more equitable treatment, college administrators need look no farther than their own admissions offices to find one root of the problem.

The nation’s flagship public universities — large, taxpayer-funded institutions whose declared mission is to educate residents of their states — enroll far smaller proportions of black students than other colleges, and the number appears to be declining, according to federal records and college enrollment data analyzed by The Hechinger Report and The Huffington Post.

On average, just 5 percent of students at the nation’s flagship public universities are black. As recently as a decade ago, that figure was higher, although changing methods of counting racial categories makes a precise comparison difficult.

Even here at the University of Virginia, which prides itself on the diversity of its campus, just 8 percent of students are black. Just 5 percent are black Virginians, in a state where 22 percent of public high school graduates are African-American. (Low-income students are also underrepresented at top schools).

Virginia is hardly unusual. At most flagships, the African-American percentage of the student population that is black is well below that of the state’s public high school graduates. Typical are the University of Delaware, with a student body that is 5 percent African-American in a state where 30 percent of public high school graduates are black, and the University of Georgia, where it’s 7 percent compared with 34 percent.

Flagships matter because they almost always have the highest graduation rates among public colleges in their state — especially for black students — as well as extensive career resources, well-placed alumni networks, a broad range of course selections and high-profile faculty. For state residents, these colleges also offer the most affordable top-quality college education, and usually a path toward better opportunities after college. (Low-income students are also underrepresented at top schools, according to an analysis by the Hechinger Report and HuffPost ).

Virginia says it ranks among the best flagships in graduating black students.

Black enrollment could decline even further if the Supreme Court rules in favor of Abigail Fisher, a white woman who says she was rejected from the University of Texas at Austin because of her race. The Justices seemed skeptical of the benefits of race-conscious admissions when they heard arguments in the case, on Dec. 9. Justice Antonin Scalia made comments interpreted as favoring the idea that underprepared black students would do better in “lesser colleges” rather than struggling to keep up at the University of Texas at Austin, the state’s flagship.

In the firestorm that followed Justice Scalia’s comments, advocates of affirmative action pointed to research that shows a near doubling of graduation rates for those African-American and Hispanic students who move from colleges with no academic admissions requirements to more selective ones. After the University of Texas at Austin began guaranteeing admission to the top 10 percent of students in the state’s high school classes, a move that admitted more supposedly less prepared students, graduation rates went up

Black and Latino students who have above-average SAT scores go to college at the same rate — 90 percent — as whites. But once enrolled, white students are more likely to finish, in part because they attend more selective colleges, where the resources are better and overall graduation rates are higher.

When black and Latino students with above-average SAT scores go to those selective colleges, their graduation rate is 73 percent, compared to only 40 percent for these above-average-scoring nonwhite students at other colleges…

“One of the main reasons I wanted to come here was the diverse student body,” said Danielle Campbell, a junior at Norfolk State University, a historically black public college in Virginia. “I didn’t want to be the only one who looked like me.”

NSU has a proud history and a devoted student body, but last year struggled with a $16.7 million budget deficit causing it to cut staff by 9 percent. It is the least expensive four-year public college in the state, but its graduation rate for black students is 35 percent over six years, compared with 86 percent at UVA, according to federal data.

In Petersburg, about 90 minutes southeast of UVA’s campus, the high school is 92 percent African-American and sends more than half of its 800 students to college each year. But none have gone UVA since 2010

“One of the things that black students have historically and continue to push for at UVA is that at the flagship the demographics be at least as representative as the demographics of the state,” said Frazier, who is a junior at UVA. “The flagship is meant to be the main force educating that state, so every group should be educated at a similar rate.”

 

 

 

 

 

 
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Posted by on December 18, 2015 in The New Jim Crow

 

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DOJ Outs Donald Trump’s Housing Discrimination

Shouldn’t be a big surprise…And Trump continued racist housing discrimination for years.

DOJ: Trump’s Early Businesses Blocked Blacks

A 1973 suit against Trump and the Trump Organization claimed that superintendents at Trump properties would mark African-American applications with a ‘C’ for ‘Colored’ and other racial codes.

When an African-American showed up to rent an apartment owned by a young real-estate scion named Donald Trump and his family, the building superintendent did what he claimed he’d been told to do. He allegedly attached a separate sheet of paper to the application, marked with the letter “C.”

“C” for “Colored.”

According to the Department of Justice, that was the crude code that ensured the rental would be denied.

Details of this secret system, as well as other practices that the Trump organization allegedly used to exclude black residents from its buildings in Brooklyn, Queens, and Norfolk, Virginia in the 1970s, were recorded in a lawsuit brought by the DOJ against Trump and his father, Fred, in 1973 for alleged violations of the Fair Housing Act.

The Trumps responded to the Department of Justice with characteristic combativeness. They counter-sued the federal government for $100 million, while the family’s infamous lawyer—the Joe McCarthy aide turned mafia counsel Roy Cohn—attacked a prosecutor for being a “hot-tempered white female” while slamming the investigation as “Gestapo-like.” Extensive court documents, unearthed by The Daily Beast, provide a window not only into alleged discriminatory practices at the heart of Trump’s early real estate empire, but also into the family’s attack mode, which echoes Trump’s current slash-and-burn campaign for the White House.

A Secret Racist Code

The lawsuit—which Trump Management settled in 1975 with a consent decree, and which they noted at the time did not constitute an admission of wrongdoing—detailed numerous instances of a racial code that Trump-owned buildings allegedly used to indicate if an applicant was black or otherwise “undesirable.”

A super who worked for the Trumps, Thomas Miranda, allegedly told the DOJ that Trump Management staffers had instructed him to “attach a separate sheet of paper to every application submitted by a prospective ‘colored’ renter.”

“Miranda was to write a ‘C’ in order to indicate to management that the prospective renter was ‘colored,’” the DOJ noted in court documents.

Elyse Goldweber, an attorney on the case, claimed Miranda had been reluctant to talk to her and have his name disclosed because “he was afraid that the Trumps would have him ‘knocked off.’” Miranda was also allegedly afraid to reveal to the Trumps that he was Puerto Rican and instead told them he was South American because he thought they “did not want Puerto Ricans living or working in the building,” according to Goldweber’s documentation.

In another instance, Goldweber said, Miranda told another tenant that Trump’s central office did not want him to rent to an Indian man—and that they only agreed to rent to the individual after they found out he had United Nations connections and that a rejection “might cause an unnecessary confrontation.”

He was personally ordered to rent only to “Jews and executives” and to discourage blacks from renting.

Miranda later denied in sworn testimony that he’d said such things to the DOJ. He testified that he went to talk to the Trumps after prosecutors paid him a visit and told “Mr. Trump,” who was a “busy man,” that he wanted no part in the case.

But according to other court documents from the suit, Thomas Miranda was not the only staffer who claimed to know of a secret racial code.

According to the DOJ, a former super at Trump’s Highlander complex claimed that he would also attach a coded piece of paper to let the “central office” know that an applicant was black. He added that a number of supers in Queens used a “phony lease” to enable them to refuse apartments to people of color. The super’s assistant backed up his story about the code and said she was told, “Trump Management tries not to rent to black persons.”…More on Trump’s Discrimination Here

 
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Posted by on December 15, 2015 in The Clown Bus, The New Jim Crow

 

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SCUMUS “Justice” Scalia’s Racism

This piece is an open letter by Kiki Petrosino, who is a renowned poet. As a half Italian-American, black person she sees sides of Scalia’s racist Affirmative Action spew that he refuses to recognize… To be frank – Justice Scalia should be remanded from the case entirely based on his obviously racist views which make him unable to render a judgement within the Law. With Scalia, Justice isn’t blind, it wears polarizing lenses based on the color and ethnicity of the plaintiff.

An open letter to Justice Scalia

You assert that we can’t compete academically. As an artist and an educator of color, I feel compelled to respond

Dear Justice Scalia,

On Wednesday, as you heard arguments in the affirmative action case Fisher v. University of Texas, you suggested that black students should enroll at “slower-track school[s],” rather than study alongside white students at the university. “I don’t think it stands to reason that it’s a good thing for the University of Texas to admit as many blacks as possible,” you said. Your words reinforced a panoply of false stereotypes about the intellectual abilities of African Americans and underscored what many Americans fear: that our institutions of higher learning are somehow overrun with minorities who have “taken” white students’ rightful spots. You ignored the fact that the University of Texas’s holistic admissions program isn’t about “admit[ting] as many blacks as possible;” that it’s a tailored procedure designed to ensure diversity in each freshman class, and it follows guidelines endorsed by the Supreme Court in 2003. But your choice of wording telegraphs a message that many Americans are all too willing to believe: that black people can’t compete in academically rigorous environments. This is a message to which I, as an artist and educator of color, feel compelled to respond.

In 1994, I was a high school freshman when a book called The Bell Curve was published to extensive attention. The treatise, authored by Richard J. Herrnstein and Charles Murray, argued that human intelligence is heritable and that various ethnic groups have measurably different levels of intelligence. In a series of now-debunked statistical analyses, the Bell Curve authors suggested that African Americans have lower intelligence (as measured by IQ) than whites or Asians, a factor that supposedly predestines us for a host of social misfortunes, like poverty and teen pregnancy. The book’s conclusions weren’t closely examined prior to publication, but that didn’t stop The Bell Curve from selling 400,000 copies in hardcover or spending fifteen weeks on the New York Times best seller list. Thousands of people were willing to hand over good money to buy into this book’s awful premise.

As a result, I entered high school knowing precisely how low an opinion many Americans had of black students like me. I already knew I’d have to work hard to achieve success, but the praise for that book—author interviews, pundit commentary—made me see what I was up against. While I was lucky to find supportive teachers and friends throughout my education, my mixed-race heritage baffled many of the other adults around me. I recall family friends congratulating me on my academic successes by implying that I “must have gotten that from Dad,” while my singing talent was ascribed to my African American mother. I responded to most of these statements with a healthy eyeroll, but I understood that my achievements continually would be “surprising” to certain observers, and that I’d have to keep proving that I deserved to be exactly where I was. This never ends, by the way.

When I was accepted to the Iowa Writers’ Workshop, a friend who’d applied to the same program asked, pointedly, whether the fellowship I’d won was “something for African Americans.” In the moment, I understood his anxiety; he was still waiting for an acceptance letter. But this friend had never talked to me that way before; we’d never drawn asterisks beside each other’s achievements. As it happened, my fellowship from Iowa was for underrepresented students, but of course, you had to meet the highly selective requirements of your program first, and show exceptional talent. No “slower-track” needed, thanks. Even now, as a teacher, my color confounds. A colleague at one of my first teaching jobs once looked me up and down, and asked, “which half of you is black?” as if my body were divided by a secret equator, or dipped in invisible ink. At another moment in my early teaching career, a student who was unhappy with her grade surreptitiously snapped a photo of me at my lectern and tweeted that my afro made it impossible to take me seriously as a professor.   

Justice Scalia, I want to remind you that we share this country together. I’m descended from free and enslaved people. Some of them were black Virginians who worked hard to attain literacy and economic mobility in a nation that continually excluded them from the body politic. In fact, I hold a BA from the University of Virginia, where you spent four years as a Professor of Law, and an MA from the University of Chicago, another institution where you taught. And we share more than academics. My European ancestors arrived in America as Italian immigrants, just as yours did. You must know that the privileges of “whiteness” were not automatically bestowed on Italians. It wasn’t that long ago that Creuzé de Lesser wrote, “Europe ends at Naples, and ends badly. Calabria, Sicily, and all the rest belong to Africa.” At the height of the immigration wave, Italian Americans were subject to discrimination and violence, to negative stereotypes and offensive caricatures. In public schools, Italian children were discouraged from speaking their native language, even at home, while in the workplace, their parents often were barred from all but the lowest-paying manual labor jobs. The Johnson-Reed Act of 1924 was authorized, in large part, to curtail immigration from southern and eastern Europe. Today, we recognize how unfair all of this was, and we celebrate the contributions of Italian Americans in every sector of public life.

But as Republican presidential candidates call for sealing our borders to Muslim immigrants, and as increasing numbers of Americans react to world events with fearful xenophobia, your words feed into a stream of ugly “othering” that must end. I think you know that skin color is no predictor of intellectual acuity or future success in school. Students who are admitted to colleges and universities have the right to a rewarding education full of discoveries and challenges. This is the blessing of equal protection in public education. The Court must uphold it. Your comments this week show that you prefer to think of your fellow Americans, and especially African Americans, as points on a graph. But that approach reflects the exact type of one-size-fits-all thinking that you claim to oppose in affirmative action policy. Even worse, because you make no room in your comments for the health of the campus communities that admissions policies are designed to serve. Diversity benefits the whole campus. Every day, I’m thankful for the students I’m privileged to teach. They come from rural and urban areas, they practice Christian and non-Christian religions, they’re young parents and returning veterans and hopeful poets. We need them all.       

Allow me to describe something for you: in the mountains of Fumin County, in the southern Chinese province of Yunnan, there’s a slender village road that twists through a landscape of clouds and red earth. At the center of town is a Christian church where young people, dressed in colorful robes, gather to sing the Hallelujah Chorus from Handel’s Messiah in crystalline harmony. They do this each evening, after completing their farm work. The choir is famous. The singers know hundreds of songs and can sing in multiple languages. If you go there, as I did several years ago, they will sing for you. Afterwards, they’ll invite you to ask as many questions as you wish about their culture (the Miao people) and it’s only polite to return their invitation. What would you like to know about my country? You’ll ask. But the singers of Xiaoshuijing will have just one question: Tell us about your choirs.

Justice Scalia, I wish to imagine America as a great chorus of unfolding voices, a massive instrument. When I think of the Xiaoshuijing singers, of the mystery that moved through their question so beautifully asked, I’m nearly undone. But I’m a professor of poetry; I live for beautiful questions. As a Supreme Court Justice, you move in the realm of answers, interpretations, solutions. Sometimes I wonder whose voice you hear. What’s it like to hear the law speaking with a singular voice, immutable from the moment of ratification? Over the years, you’ve sparred with Justice Breyer and others about how the 1954 Brown vs. Board of Education decision was reached. It seems that this vital ruling doesn’t square as neatly as you’d like with your originalist approach to constitutional interpretation. You’ve had to return to the issue in public comments, and you’ve consistently voted to weaken laws and policies, like affirmative action and the Voting Rights Act, designed to remedy the damage caused by our nation’s ongoing romance with structural racism.   

Where should black students study? What schools are best for them? These questions already have been settled as a matter of constitutional law and they are not before you in the current case. The problem we must resolve as a society is not where to send students of color, but how to acknowledge the humanity of every American and how to ensure an educated populace for future generations. When I left my hometown for college, I was a black student. So? What else? I was a woman, an Italian American, a singer, a writer, an intellectual. I made good decisions to attend UVA, Chicago, and Iowa, and those institutions made good decisions by accepting me. Just like any other student, it was my responsibility to seek success for myself, to find mentors, to compete in the academic environments where I found myself, and to try to leave the place a little better than I found it. Who were you when you left for college, Your Honor? I’m sure the answer would not fit comfortably into a single sentence, a solitary line of prose. Remember there are 350 million Americans who are just as complex as you are. Imagine the sound we could make with all of our voices. 

Kiki Petrosino is the author of two books of poetry: Hymn for the Black Terrific (2013) and Fort Red Border (2009), both from Sarabande Books. She holds graduate degrees from the University of Chicago and the University of Iowa Writer’s Workshop. Her poems have appeared in Best American Poetry, The New York Times, FENCE, Gulf Coast, Jubilat, Tin House and elsewhere. She is founder and co-editor of Transom, an independent on-line poetry journal. She is an Associate Professor of English at the University of Louisville, where she directs the Creative Writing Program. Her website is http://wwww.kikipetrosino.com.
 
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Posted by on December 13, 2015 in The New Jim Crow

 

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SCUMUS 5 Set to Re-segregate Schools

Supreme Court Justice and member of the conservative Scumbag 5 Thugs in Robes on the Supreme Court certainly had no problem letting his racist flag fly.

Justice Scalia Thinks Black Students Belong In ‘Slower-Track’ Schools

Do black students matter to Justice Antonin Scalia?

During oral arguments on Wednesday in Fisher v. University of Texas, acontentious affirmative action case, the conservative justice seemed to call their abilities into question.

“There are those who contend that it does not benefit African-Americans to get them into the University of Texas, where they do not do well,” Scalia said, “as opposed to having them go to a less-advanced school … a slower-track school where they do well.”

Scalia was engaging former U.S. Solicitor General Gregory Garre, who is now representing the University of Texas at Austin as the school defends its ongoing consideration of race as one of many factors in its admissions program.

Pointing to a brief the court received before oral arguments, Scalia noted “most of the black scientists in this country don’t come from schools like the University of Texas.”

Garre tried to interject, but the justice continued. “They come from lesser schools where they do not feel that … they’re being pushed ahead­­ in classes that are too fast for them,” Scalia said.

Again, Garre tried to respond as Scalia added that he was “just not impressed” by arguments that UT Austin suffers from lower minority enrollment. “I don’t think it stands to reason that it’s a good thing for the University of Texas to admit as many blacks as possible,” the justice said.

By then, Garre’s time at the podium was almost up, but he closed his rebuttal to the justice by emphasizing the importance of diversity on campus.

“Frankly, I don’t think the solution to the problems with student body diversity can be to set up a system in which not only are minorities going to separate schools, they’re going to inferior schools,” Garre said. “I think what experience shows — at Texas, California and Michigan — is that now is not the time and this is not the case to roll back student body diversity in America.”

Scalia’s argument is duplicitous for a number of reasons. First UT Austin is hardly an “elite” school. It’s a state university, with a charter of educating the students in Texas, and is part of a state-wide system similar to that of any of the more advanced state such as California, Virginia. It is no MIT or Harvard. Which doesn’t mean it is a bad school, and is generally ranked in the top 10 or so State Universities. Second, UT Austin’s graduation rate is 20% lower than that of comparable state schools for all students (UVa is over 70%). Lastly, graduation rate more closely follows income than race. What Texas found was that there was no difference between high income students and low in terms of abilities – and that they could impact the difference in performance though lower class sizes and coaching for the first two years to bring grades and graduation rate in line. At least 9 Universities have graduation rates of 90%, in today’s world, having a graduation rate of only 50% is the school’s failure – not a failure of the students. UT Austin knows that and has put programs in place to try and fix it.

 

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400 Richest Americans Have More Wealth than black or Hispanic people

Extreme income inequality…

America’s 100 Richest People Control More Wealth Than the Entire Black Population

It’s well known that America’s wealthiest have been getting richer at the expense of the middle class. But the trend looks even starker when you look at the racial aspects. According to a new report from the Institute for Policy Studies, the combined wealth of those on the Forbes 400 list of America’s richest dwarfs that of the nation’s entire black or Latino populations.

The report found that the 100 richest US citizens control about as much wealth as all of the nation’s 42 million African Americans. The total wealth of the nation’s 55 million Latinos stacks up to that of the 186 richest Americans.

 
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Posted by on December 9, 2015 in American Greed, The New Jim Crow

 

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SCUMUS 5 Set to Re-segregate America

Well, the 4 bigots in black robes, and their Uncle Tom are about to screw over black folks again. I surely hope that one of more of the Scumbag 5 dies soon (of natural cause) so either Obama or his Democrat successor can appoint someone representative of,  and representing the law and the American citizens. Ladies – don’t forget to send a pigfoot or some fried Chicken to Uncle Tommie to help that heart condition along!

Supreme Court Justices Look Anew At Affirmative Action In Texas

Basketball coaches, leading military officers and many of the country’s biggest businesses agree that the Supreme Court should preserve the use of race as a factor in college admissions. But they may be in a fight they cannot win as the justices take up a case that presages tighter limits on affirmative action in higher education.

The court is hearing arguments Wednesday for the second time in three years in the case of a white Texas woman who was rejected for admission at the University of Texas.

Abigail Fisher did not graduate in the top 10 percent of her high school class, which would have won her a spot at the state’s flagship college in Austin. She also did not get in under the program that looks at race among many factors and through which Texas admits about a quarter of its incoming freshman classes.

Lawyers for Fisher say the university has no good reason to consider race at all because the “top 10” plan that the state put in place in 1997 works well to bring in Hispanic and African-American students. Texas says the plan by itself is not enough and it needs the freedom to fill out its incoming classes as it sees fit.

Fisher’s argument did not persuade the conservative-leaning federal appeals court in New Orleans, which has twice upheld the university’s admissions process. The second ruling, last year, followed a Supreme Court order to reconsider Fisher’s case.

Among the many groups urging the justices to leave the Texas program in place are the coaches, including Duke’s Mike Krzyzewski and University of Connecticut’s Geno Auriemma, who said they have firsthand knowledge of the value of diversity on campus. “We are not writing as dilettantes or tourists. We live this life,” the coaches wrote.

The high court has been much more skeptical of the role of race in public programs since Justice Samuel Alito joined the court, taking the seat of Justice Sandra Day O’Connor. In 2003, O’Connor wrote the court’s opinion in Grutter v. Bollinger that allowed colleges and universities to use race in their quest for diverse student bodies.

The conservative majority of which Alito is a part generally is cohesive on issues of race. It stuck together in cases that stripped the Justice Department of its power to approve in advance changes related to elections in all or parts of 16 states with a history of discrimination in voting, and threw out local plans to integrate public schools in Louisville, Kentucky, and Seattle.

The only break from this pattern was in June, when Justice Anthony Kennedy joined the four liberal justices to preserve a key legal tool in fighting discrimination in housing.

“Every time they take one of these cases, I worry,” said Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund.

Ifill’s worry may be especially apt in Fisher’s case because there is no split among lower courts to attract the justices’ attention. In addition, Fisher herself will not benefit from the ruling because she graduated from Louisiana State University in 2012, and one liberal justice, Elena Kagan, is absent from the case due to her earlier work on it while serving in the Justice Department.

So it appears that the conservative justices have more they’d like to say about affirmative action.

The first time Fisher’s case was heard by the court, shortly after her graduation, people on both sides of the issue expected a decision that sharply cut back on or eliminated public universities’ use of race in admissions. Instead, after sitting on the case for eight months, the justices released an opinion that ordered appellate judges to look anew at Fisher’s complaint to see whether Texas sufficiently explained its need to take account of race in admissions.

The vote was 7-1, with only Justice Ruth Bader Ginsburg in dissent. Kagan sat out the first round, too.

The outcome, in June 2013, concealed tense divisions among the justices, according to author Joan Biskupic’s account in her book “Breaking In” about Justice Sonia Sotomayor. Kennedy initially had written a decision striking down the Texas program that split the conservative and liberal justices, Biskupic wrote. Sotomayor drafted a blistering dissent that eventually caused Kennedy to reconsider, Biskupic said.

Last year, Sotomayor did issue a strong dissent to Kennedy’s majority opinion in a case from Michigan that essentially looked at the flip side of the Texas issue and concluded that Michigan voters could ban racial preferences in university admissions.

Michigan is one of eight states in which race cannot be a factor in public college admissions decisions. The others are Arizona, California, Florida, Georgia, Nebraska, New Hampshire and Washington…The rest here

 
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Posted by on December 6, 2015 in The New Jim Crow

 

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