Race Preferences

Rigging the Game

by La Shawn on 06.11.10

in Race Preferences

protest

As I work on a proposal for a book about “affirmative action” (and yes, I’m still working on that novel), I’m going through the archives to remember what I’ve written on the topic. Here’s an excerpt of the first racial preferences post, originally published on December 9, 2003:

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A bunch of black “legislators” are demanding that Texas A&M University lower their standards to increase minority (read: black) enrollment after the school removed race as an admissions factor. The only way black students can measure up is to measure down. Am I the only black person on the planet offended by this? With this “demand,” black liberals have lost all pretense of furthering educational standards (and dignity).

Do you know how to increase minority enrollment in colleges? Try these on for size:

1. Get rid of black “leaders” like Kweisi Mfume ranting about too few black images on TV and throw the idiot boxes out the window!

2. Demand school choice for kids in failing schools. Rescue these kids from rotten teachers who can’t even pass high school-level tests and rotting classrooms and give them with the rigorous education they need to make it in college.

3. Raise the expectations of black students by encouraging them to work hard in school. Provide a non-PC, academic environment where every child is expected to compete. Accept nothing less.

4. After you demand and get school choice nationwide, close down the teachers unions. Liberals may act like socialists, but when it comes to the cash, they’re pure capitalists. What would happen if parents had choices in education? They would flee like they’re making a jail break, which would mean less money for schools, fewer teachers and fewer excuses to whine about the “lack of funds” for education.

The unions would be highly upset and their contributions to Democrats would dwindle. If Democrats were no longer beholden to this particular special interest group, perhaps the blinders would come off and they’d actually see the plight of low-income kids.

firefighterEarlier this year I told you about a case called Ricci v. DeStefano. The fire department in New Haven, Connecticut, threw out the results of a promotions test because no blacks scored high enough to qualify for promotions. In other words, white firefighters (over a dozen) and two hispanics who qualified were denied promotions because of their race.

Today the U.S. Supreme Court ruled 5-4 in favor of the firefighters and against New Haven. (Also see video)

Sonia Sotomayor, Barack Obama’s nominee for the U.S. Supreme Court, was one of the judges on the U.S. Court of Appeals for the Second Circuit who sided with New Haven. In other words, she ruled against the firefighters denied promotions because of skin color.

A developing meme is that the Supreme Court reversed Sotomayor. Will it make a difference during confirmation hearings? I’m not hopeful Sotomayor-reversed will generate much steam. I doubt Republicans have the heart to grill Sotomayor the way they should. They’re not of stout heart.

For a little light reading, download the 93-page opinion. (PDF)

donutsRace preferences bake sales (Asians pay a buck for a donut, women 50 cents, blacks 25 cents, and so on) are demonstrations that illustrate the demeaning nature of race-based preferences as practiced by colleges and universities across the country.

Earlier this month, Bucknell University closed down such a demonstration because of a technicality. Deans Commerford and Marrara cited a discrepancy between prices at the time of application and at the time of sale.

Hideously stupid, but when the Bucknell University Conservatives Club (BUCC) applied for a second demonstration, the school decided to suppress free speech altogether. The school said no dice. From the article:

“I concluded that this activity was a discriminatory fundraising event, which violates our stated, and legally required, nondiscrimination policy that is applicable to all sponsored or authorized events,” said Gerald Commerford, associate dean of students.

The BUCC’s choice to file another sales and solicitation form was an attempt “to test the University’s commitment to the issue of free speech,” Roesch said. He doubted that the only reason the original sale was shut down was because of a paperwork issue.

cupcakesAfter this incident, Commerford said the rationale behind the decision to stop the event is consistent in both cases.

“When I closed the club’s prior event, I did so because their registration form was incorrectly filled out.

Right, Dean Commerford. Then he covers his politically correct butt:

However, upon reflection and review after taking that action, I concluded that even with a correctly completed registration form, the affirmative action bake sale was not a fundraising activity and is in violation of the University’s nondiscrimination policy,” Commerford said.

Bucknell is a private university, but students have free speech rights. Students ought to be allowed to demonstrate the unfairness and ridiculousness of race-based admissions, which I assume their school practices, by conducting race-based bake sales. One is offensive and the other isn’t?

Keep bucking the system, BUCC. As a black American turned totally off by government-sanctioned lowered preferences for blacks, I unequivocally side with you.

Is FIRE on top of this? Good.

firefighterLast month I mentioned that the fire department in New Haven, Connecticut, threw out test results and canceled promotions because too few black firefighters scored high enough to receive promotions. The department was concerned about promoting too many whites, a clear case of racial discrimination.

Firefighter Frank Ricci and others (one hispanic and more than a dozen whites) who scored high on the test sued the city, citing equal protection violations. After a district court judge dismissed the case, a three-judge panel of a federal appeals court affirmed the dismissal. Conservative judges on the court sought to have it re-heard. Judge Jose Cabranes defined the issue this way:

“May a municipal employer disregard the results of a qualifying examination, which was carefully constructed to ensure race-neutrality, on the ground that the results of that examination yielded too many qualified applicants of one race and not enough of another?”

The appeals court declined to hear the case by a vote of 7 to 6. Download the 72-page opinion (PDF).

Ricci petitioned the U.S. Supreme Court, and last week, the court agreed to hear the case.

I’ve written about this issue before. A few years ago, I spent an hour on a conference call with three people at a consulting firm hired by the Denver Fire Department to water down the test so black applicants could pass it at higher rates. They told me, somewhat proudly, they’d been hired to create watered down tests for fire departments in Montgomery and Prince George’s Counties in Maryland, too. I asked them repeatedly what changing the test would entail: more pictures, fewer words, no math…what? I just got jargon. No straight answers. My request for a copy of a sample test was denied.

According to the firm’s web site, the new test would measure a “broader range of job related abilities than traditional written tests” to identify “well-rounded, motivated, and qualified” applicants. In other words, the goal was to play down what apparently made blacks look bad — abstract reasoning ability — and play up “interpersonal” skills.

I also blogged about a fire department that eliminated a swimming test because too many black applicants can’t swim. Can you believe it? Instead of eliminating non-swimming applicants or even doing the paternal thing – sending them to swimming lessons like dependent children – the department eliminates an important requirement for the job!

I wish blacks would protest in the streets and burn cars over this. How much more demeaning can you get? Lowering standards for black applicants? What happened to “We shall overcome” and being treated equally? And all that talk about being given a chance, the same chance as everyone else? Black America should be in an uproar over being perceived as stupid and incapable.

But, no. Government-wide lowered standards for blacks don’t raise anyone’s blood pressure but mine.

Ricci v. DeStefano is an important case. Even if the Supreme Court sides with Ricci and rules that throwing out the test results because too many whites would get promotions is unconstitutional, however, the practice won’t disappear altogether. In some form or another, the government will find a way, any way, to lower the bar for blacks and keep it raised high for everybody else.

Those who fought and died during the civil rights movement must be so proud.

New Haven Fire Department Throws Out Test Results

December 15, 2008

In New Haven, Connecticut, the fire department threw out test results and canceled promotions because too few black firefighters scored high enough to receive promotions. A group of firefighers who achieved high scores is suing. I’m at a loss for words, but here’s one, repeated three times: shame, shame, shame. Ah! More words. If I [...]

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Colin Powell, ‘Liberal’ Republican

October 20, 2008

I, personally, me, La Shawn Barber, couldn’t care less that retired Army General Colin Powell, black Republican, endorsed Democratic presidential candidate Barack Hussein Obama for president. For those who do care, let me ease your mind. As confusing as it may be, you shouldn’t be surprised. That is, if you know anything about Colin Powell. [...]

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Condi and Clarence at the Annual Conference on HBCUs

September 10, 2008

Update (9/11): Some readers are under the mistaken impression that I attended the HBCU conference. I didn’t. The photo below of me and Justice Thomas was taken last October at the Heritage Foundation. Thomas spoke about his experiences and signed copies of his memoir, My Grandfather’s Son. ——————————————————————- At the recent Annual Conference of the [...]

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McCain Endores Equal Treatment – FINALLY

July 28, 2008

I’ll bet it was like pulling a tooth, but John McCain finally answered a question about where he stands on the Arizona Civil Rights Initiative, a measure that seeks to ban preferential treatment by the government based on race, sex, etc., in his home state. Asked point-blank whether he supported the ballot initiative, McCain said, [...]

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California and Civil Rights

July 18, 2008

En route to California to visit my sister and attend a conference on civil rights, hosted by Ward Connerly of the American Civil Rights Institute. I count myself among many Americans who loathe race preferences, known in politically correct jargon as affirmative action. I join like-minded others to eradicate this demeaning, unfair, and unconstitutional practice [...]

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Colorado Residents To Vote on Banning Race/Sex Preferences

March 25, 2008

On November 4, 2008, the people of Colorado will vote on whether their state government may continue preferring one group over another based on race and sex in hiring and admissions. The Secretary of State has determined that the Colorado Civil Rights Initiative has received enough signatures to be placed on the November ballot. Said [...]

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Mirror, Mirror on the Wall

December 17, 2007

…who’s the blackest of them all? You can dredge up the horrors of American slavery. You can keep stirring the Jim Crow pot, constantly reminding everyone how horrible it was that a country forcibly segregated its citizens by race and discriminated against blacks because they were black. You can wail and gnash teeth all day [...]

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Fake Hate: Black Firefighter Planted Noose

December 3, 2007

Update: Hmmm…A federal investigation was warranted when they thought white firefighters hung the noose and wrote the note. Does “hate crime hoax” fall under federal jurisdiction? Will Donald Maynard be brought up on federal charges? Poor, victimized, put-upon, stressed out black man. Probably not. ————————————————————————- This is sad. Turns out that a black firefighter in [...]

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Another Victory for Colorblind Government Policy

November 26, 2007

6:53 a.m. PT: While no human being can be colorblind, government policy must be. Given this country’s sordid racial history, the promise of equal treatment without regard to race, and the inherent unfairness of being judged as a member of a group instead of as an individual, it’s imperative that our government is forced, if [...]

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‘Comprehensive Review’ Yet Another Disguise for Race Preferences

November 13, 2007

Update (11/14): Roger Clegg expertly breaks down Barack Obama’s interview on “affirmative action.” That’s race preferences, to you and me. I’ll appear on NPR’s News & Notes today around 1 p.m. ET to discuss UCS’s comprehensive review proposal and other topics. Clarification: The UC System has a two-tiered approach in admitting students. First, they must [...]

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Activist Judges With Political Axes

September 10, 2007

Grinding, grinding, grinding… As long as I live, I will never understand why more blacks aren’t spitting mad about race preferences. In their minds, I suppose, it’s not a preference; it’s “affirmative action.” The confusion stems from not defining terms. In its purest form, affirmative action is simply taking positive steps toward including more historically [...]

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