Despite studies that consistently point to discrimination as the cause for disproportionately harsh discipline on students of color, a National Review Online article falsely suggested that unrelated black crime rates and "family breakdown" are to blame.
On March 21, the U.S. Department of Education Office for Civil Rights released new data, including this snapshot on school discipline which found "disproportionately high suspension/expulsion rates for students of color."
In a March 24 post, NRO's Heather Mac Donald criticized the Department of Education study for highlighting the racial disparity in school discipline, claiming without evidence that the black crime rate, not discrimination, "explains the school-suspension rate":
Black males between the ages of 14 and 17 commit homicide at ten times the rate of white and Hispanic males of the same age combined. Given such high crime rates, what do the civil-rights advocates and the Obama administration think is going on in the classroom -- docile obedience and strict self-discipline? In fact, the same weak impulse control that leads to such high crime rates among young black males inevitably means more disruptive behavior in school.
Mac Donald proceeded to discuss the recent story of a 14-year-old who opened fire on a New York bus, asking, "Did anyone doubt the race of the killer, even though the media did not disclose it?" She concluded her piece blaming "family breakdown" as another factor behind student behavior that leads to the disparities in discipline among children of different races, calling it "common sense that black students are more likely to be disruptive":
None of the federal studies mention or control for single-parent households, of course. Instead, we are supposed to believe that well-meaning teachers, who have spent their entire time in ed school steeped in the doctrine of "white privilege" and who are among the most liberal segments of the workforce, suddenly become bigots once in the classroom and begin arbitrarily suspending pacific black children out of racial bias ... Given the black-white crime disparities, it is equally common sense that black students are more likely to be disruptive in class as well.
The refusal to take student behavior and family breakdown into account in interpreting student discipline rates means that more millions of taxpayer dollars will be wasted suing hapless school districts for phantom racism and sending teachers and administrators back to anti-racism training. The advocacy and anti-bias training complex cleans up, while the root cause of student misbehavior still goes unaddressed.
Despite Mac Donald's claims, experts and studies find discrimination as a cause of the racial disparity in school discipline. The Atlanta Journal-Constitution reported that research shows "[e]ven when they commit the exact same offense as white students, black students suffer more severe consequences," and the Education Department's snapshot showed similar discipline disparities even between students with disabilities, finding "[b]lack students represent 19% of students with disabilities served by [the Integrated Disability Education and Awareness Program], but 36% of these students who are subject to mechanical restraint."
The Wall Street Journal doesn't understand how a federal anti-discrimination law that protects firefighters of color actually works, but that didn't stop one of its editorial board members from complaining about it.
On March 18, New York City Mayor Bill de Blasio announced that the city had settled a twelve-year lawsuit with a group of black firefighters who alleged that the entrance exams the department used resulted in impermissible racial discrimination that was unrelated to the skills necessary for the job. The group that filed the suit argued that the entrance exam had an unjustified disparate impact on black and Hispanic firefighters, a legal doctrine that has been codified in federal employment discrimination law and upheld repeatedly by the Supreme Court. In NYC, according to The Associated Press, the discriminatory effect occurred because "black firefighters have never made up more than 4 percent of the department's total," even though "more than half of residents identify with a racial minority group."
But the Wall Street Journal, whose editorial board is clearly no great fan of disparate impact litigation, was unimpressed by the numbers. In a recent post, the WSJ's Jason Riley argued that Mayor de Blasio's support of the settlement was misplaced since, despite the fact that the federal courts found the exams had an illegal disparate impact under Title VII of the Civil Rights Act, "the city might have won" the case. Riley proceeded to label the long-standing legal doctrine prohibiting the city's illegal disparate impact on firefighters of color as "nonsense" (emphasis added):
"I think the numbers speak for themselves," said New York Mayor Bill de Blasio in announcing that the city had settled a discrimination lawsuit against the fire department. The mayor was suggesting that the FDNY's written exam is biased because blacks and Hispanics pass it at lower rates than whites.
But the numbers don't speak for themselves. Intent matters. Racially disparate outcomes alone are not proof of discrimination, yet advocates of such nonsense continue to exploit our legal system. "No speck of evidence is required from those who implicitly assume that employee composition would be similar to population composition, in the absence of discrimination," writes Thomas Sowell in "Intellectuals and Race." "Moreover, not one flesh-and-blood human being who even claims to have been discriminated against is necessary for 'disparate impact' cases to go forward in a costly legal process."
From the March 7 edition of Fox News' Special Report with Bret Baier:
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Fox News continued its attacks on Debo Adegbile, President Obama's pick to head the Civil Rights Division of the Department of Justice, and seemingly conflated the advocacy efforts of a different civil rights attorney with Adegbile's legal work as proof of his supposedly "radical" past.
On March 5, all Senate Republicans and a handful of Democrats voted to block Adegbile's nomination following a smear campaign against Adegbile's sterling legal record by leveling racially-charged attacks and linking him to the crimes of his former client, Mumia Abu-Jamal. As a top official at the NAACP's Legal Defense Fund (LDF), Adegbile and a team of lawyers were successful in overturning Abu-Jamal's death sentence due to constitutional error. Because of the unconstitutional sentencing, Abu-Jamal's punishment was ultimately commuted to a life sentence after prosecutors elected not to pursue the death penalty for a second time.
After the failed Senate confirmation vote, Fox News continued its debunked attack that Adegbile was a "cop killer's coddler" for representing Abu-Jamal. The network then introduced a new argument that Adegbile's criminal defense work was politicized and that he "crusaded" for Abu-Jamal, "revealing a bitter bias." Referencing "critics," and Fox contributor Jonah Goldberg, Bret Baier claimed that Adegbile "went beyond the legal work and it was more about political rallies and leading rallies for Mumia and kind of became more political in his support for this character." Fox News contributor J. Christian Adams went even further:
[Adegbile] was not nominated in spite of his defense of Mumia Abu-Jamal, he was nominated because of it. Because these folks think that Mumia was innocent. It is not just a question of giving somebody their day in court. Adegbile took on the wider cause, claiming America was unjust towards people of color. It was because of this rancid racial attitude that President Obama appointed him in the first place and that is why he is mad.
Fox News attempted to distinguish between Chief Justice John Roberts and civil rights litigator Debo Adegbile by arguing that Adegbile is unqualified to pass Senate nomination because his defense of a murderer was politicized, due to his alleged participation in rallies supporting his former client. However, Fox is conflating Adegbile with a former colleague of his, who GOP senators suggested had politicized the trial of his former client, Mumia Abu-Jamal.
On March 5, the Senate procedural vote that would have allowed a confirmation vote on Adegbile's nomination to head the Civil Rights Division of the Department of Justice (DOJ) failed, despite the fact that Adegbile is a mainstream nominee who is regarded as one of the preeminent civil rights experts of his generation by a wide spectrum of authorities, including law enforcement executives and the American Bar Association. The Senate's failure to confirm Adegbile reflects right-wing media attempts to distort his record with lies about his background and racially charged attacks, which have included labeling Adegbile a "cop killer's coddler" and a "cop-killer advocate." These attacks reference Adegbile's defense of Mumia Abu-Jamal, whose death sentence was successfully contested by the NAACP Legal Defense Fund (LDF), which Adegbile headed at the time.
In light of the blocked confirmation, many have pointed out that defending a reprehensible murderer has not been a disqualifier for other high-profile government nominees, such as current Supreme Court Chief Justice John Roberts, who also once represented a death-row inmate convicted of killing eight people in Florida.
On the March 5 edition of Fox News' Special Report, host Bret Baier attempted to distinguish Justice Roberts from Adegbile by arguing that Adegbile, unlike Roberts, "became more political in his support" of his client. Fox contributor Charles Krauthammer concluded that blocking Adegbile's confirmation was "the right thing," because although Adegbile "didn't choose the case," "the one thing that sways it here is that he participated in rallies":
From the March 5 edition of Fox News' The Kelly File:
From the March 5 edition of Fox News' The Five:
Fox News treated itself to a victory lap after several Senate Democrats joined with the Republican conference and blocked the nomination of civil rights litigator Debo Adegbile, President Obama's highly-qualified pick to head the Civil Rights Division of the Department of Justice (DOJ).
On March 5, the Senate procedural vote that would have allowed a confirmation vote on Adegbile's nomination failed, after right-wing media spent months lying about his background with racially charged attacks, even publishing an offensive caricature of Adegbile that was condemned by the nation's leading civil rights groups for invoking "the racist iconography of late 19th century America designed to dehumanize and stereotype African Americans." Outlets like Fox News continued to distort Adegbile's record in the run-up to the vote despite these denouncements, and despite the fact that Adegbile is a mainstream nominee who is regarded as one of the preeminent civil rights experts of his generation by a wide spectrum of authorities, including law enforcement executives and the American Bar Association.
After the vote, Fox host Bret Baier was quick to suggest that Senate Democrats who voted in favor of Adegbile could pay a penalty in the upcoming midterm elections. Baier went on to spread further misinformation about the nominee, falsely insinuating that he was part of an effort to overturn a murderer's conviction:
James O'Keefe, a right-wing performance artist known for his undercover videos that supposedly "expose" progressive "fraud," has released a new video falsely accusing conservative Rep. Jim Sensenbrenner (R-WI) of "excluding whites" from protection under his new Voting Rights Amendment Act (VRAA), a distortion of this bipartisan bill that has already been repeated in the National Review Online.
O'Keefe's new video shows him mysteriously dressed in camouflage, dancing to New Order's "Round and Round," and ultimately "confronting" Sensenbrenner at a town hall meeting about supposedly alarming anti-white language in the VRAA. Sensenbrenner, as he has in the past, began working on both sides of the aisle on this new VRA legislation last year, after the Supreme Court gutted crucial voter suppression protections in Shelby County v. Holder.
In the video, O'Keefe lectures Sensenbrenner on his own bill, claiming that "[i]n the legislation, it seems to contain language that explicitly removes white people from the protections of the Voting Rights Act." Sensenbrenner interrupts O'Keefe to correctly point out that the law "does not do that. There is nothing targeting people by race in the Voting Rights Act." O'Keefe eventually accuses Sensenbrenner of "doing the work of [U.S. Attorney General] Eric Holder and the race-hustlers with this language in the bill."
From the moment Debo Adegbile was nominated to the most recent smear in the Washington Examiner, right-wing media have made clear that their objection to President Obama's pick to head the Civil Rights Division of the Department of Justice (DOJ) is that he is one of the preeminent civil rights attorneys of his generation.
Paradoxical? Only if you believe in civil rights precedent and the idea that civil rights experts should be the ones bringing civil rights cases.
Right-wing media, apparently, believe in none of that.
Byron York's attempt in the Examiner to tenuously link Adegbile with guidance from the Equal Employment Opportunity Commission was just another example of right-wing media's concern that Adegbile might do his job a little too well. Resorting to invoking right-wing media's favorite civil rights bogeyman of the long-established legal doctrine for establishing impermissible racial discrimination from unjustified racial effects, York accused Adegbile of "embrac[ing]" the EEOC's "crazy" use of disparate impact precedent. From the March 3 column:
It's not unusual for businesses to conduct a check before hiring new employees. If the check uncovers that the applicant has, say, a felony conviction in his past -- well, that can put a quick end to the application process.
But Obama's Equal Employment Opportunity Commission has ruled that the use of background checks in hiring is racially discriminatory.
Hearing that, many employers might say: This is crazy. There are companies that will reject a job candidate because he posted something embarrassing on his Facebook page, and the Obama administration is warning businesses they'll be in trouble if they don't hire convicted felons?
Of course a business, after a background check, might well choose to hire a felon. But that is the employer's decision -- not the Obama administration's.
At the moment, EEOC "guidance" does not have the force of law, no matter the threats from top EEOC officials. That's where Debo Adegbile comes in. When he was with the NAACP, Adegbile praised the commission's guidelines. Now, if he becomes the assistant attorney general for civil rights, he will have the power to pursue the same or similar policies.
In written questions, Republican Sen. Chuck Grassley asked Adegbile whether he would, if confirmed, "take action to abridge or eliminate an employer's ability to perform criminal background checks on potential employees." Adegbile embraced the EEOC position and suggested it would guide his own actions in the Justice Department. "If employers do perform background checks, the EEOC has released guidance on the subject," he told Grassley.
But York is stretching in this failed attempt to land a new hit on Adegbile.
In contrast to significant coverage on CNN and MSNBC, a search of Fox News transcripts indicates the network has yet to address the recent desecration of a statue at The University of Mississippi which commemorates the integration of "Ole Miss," despite the network's previous attacks on desegregation law.
Earlier this month, a noose and a confederate flag were found on the Ole Miss campus, draped over a statue of James Meredith -- the first African-American student to enroll at the school. A group of white fraternity brothers are suspected in the vandalism, and the students could face federal hate crime charges. But a search of network transcripts on Nexis suggests that Fox has failed to report on the story at all -- despite having plenty to say in the past about "axing affirmative action" in favor of "color blindness."
Right-wing media's response to recent challenges to affirmative action policies -- most recently from Michigan and Texas -- has been to unequivocally support the gutting of these equal opportunity admissions policies, which have strengthened diversity on campuses for the benefit of everyone. In discussing affirmative action, right-wing outlets have been prone to favorably refer to conservative Chief Justice John Roberts' overly-simplistic suggestion that "the way to stop discrimination on the basis of race is to stop discriminating on the basis of race," when they weren't otherwise mangling the case law.
Lost in this conservative reporting is how a lack of diversity can lead to racial isolation for students of all colors and can contribute to racially-charged incidents of ignorance and hate on campus. Fox News, in particular, has had no qualms about misrepresenting the constitutionality of the diversity principle at the core of current affirmative action programs, which have been so crucial to ensuring that students and future leaders of color are not a rarity in the American educational experience. Their failure to report on the vandalism at Ole Miss unfortunately continues that trend.
In its continued opposition to the Voting Rights Act (VRA) and a proposed amendment to this historic law, The Wall Street Journal published a misleading op-ed by Hans von Spakovsky, an unreliable contributor to the National Review Online.
The op-ed of von Spakovsky, a right-wing activist who has called the "modern 'civil rights' movement" indistinguishable from "discriminators and segregationists of prior generations" and whose attempts to fearmonger about "virtually non-existent" voter fraud have been repeatedly discredited, followed a WSJ editorial that compared the bipartisan attempts of Congress to update the VRA with that of "Jim Crow era Southerners."
Although this new effort to strengthen the VRA through the Voting Rights Amendment Act of 2014 has prominent Republican support, von Spakovsky claimed "[t]his bill really isn't about the [Supreme Court's recent Shelby County v. Holder] decision. It is about having the federal government manipulate election rules to propagate racial gerrymandering and guarantee success for Democratic candidates." From the WSJ op-ed, which defended the conservative justices' gutting of the VRA in Shelby County and smeared the subsequent bipartisan efforts to repair the damage:
Before Shelby County, Section 5 of the Voting Rights Act required certain states to get "preclearance" from the federal government before making any voting changes. But the Supreme Court ruled that the formula to determine which jurisdictions were covered was unconstitutional because it was based on 40-year-old turnout data that did not reflect contemporary conditions. Census Bureau data show that black-voter turnout is on a par with or exceeds that of white voters in many of the formerly covered states and is higher than the rest of the country. We simply don't need Section 5 anymore.
In Shelby County, a radical break from precedent that has been described by experts as "on a par with the Court's odious Dred Scott and Plessy decisions and other utterly lamentable expressions of judicial indifference to the ugly realities of racial life in America," the bitterly divided Supreme Court struck at the heart of the VRA's efficacy by dismantling its "preclearance" process.
Even as the conservatives did so, however, Chief Justice John Roberts explicitly told Congress to fix this formula that requires covered jurisdictions with a history of racial discrimination to submit election changes for federal review before implementation. Contrary to von Spakovsky's strange assertion that "this bill really isn't about" Shelby County and is "an attempt to circumvent" the decision, this new bipartisan legislation is actually a direct response to Roberts' invitation to Congress to "draft another formula based on current conditions."
Admittedly, this new formula is more complex than von Spakovsky's preferred method of determining voter suppression by "turnout data," a confusion between correlation and causation that has been described as a rudimentary failure of "Statistics 101." Rather, Section 5 of the VRA imposes the preclearance process on jurisdictions with an incorrigible track record of suppressing votes based on race, and the formula to determine this discrimination has been changed in the new legislation to incorporate a comprehensive and rolling 15-year record.
The claim of the op-ed that the old formula led to "unwarranted objections" on the part of the Department of Justice toward alleged voter suppression is also inaccurate; this preclearance mechanism has been extremely effective at stopping racially discriminatory election changes. In fact, the two cases that von Spakovsky highlights both involved Section 5 successes.
Abandoning any pretense at understanding civil rights precedent or the bipartisan-supported Voting Rights Act (VRA), The Wall Street Journal condemned as "racial mischief" Congress' recent attempt to update this historic law pursuant to the Supreme Court's recent and explicit instructions.
In last year's bitterly split opinion of Shelby County v. Holder, the conservative justices of the Supreme Court gutted the most effective part of the Voting Rights Act - the "preclearance" formula by which jurisdictions with an incorrigible record of voter suppression must submit election changes to federal review before implementation. In his majority opinion, Chief Justice John Roberts invited Congress to "draft another formula based on current conditions."
On January 16, Congress did just that and submitted bipartisan legislation to update the previous formula, which itself was an overwhelmingly bipartisan effort signed into law by former President George W. Bush. In a February 3 editorial, however, the WSJ declared this legislation comparable to the efforts of "Jim Crow era Southerners" and declared "Congress should let it die":
Never underestimate Congress's ability for racial mischief. In the Jim Crow era Southerners blocked civil-rights progress. Now, 50 years after the Civil Rights Act of 1964, the liberal goal is to give national politicians more power to play racial politics in a few unfavored states.
Democrats and the strange bedfellow of Wisconsin Republican James Sensenbrenner have introduced a bill to revise Section 4(b) of the 1965 Voting Rights Act that the Supreme Court struck down last year. Chief Justice John Roberts wrote that the Act's coverage formula no longer made sense in light of current racial realities, and the new proposal isn't much better.
The good news is that the bill, sponsored by Democratic Rep. John Conyers and Senator Pat Leahy and endorsed in his State of the Union by President Obama, specifically exempts voter ID laws from the actions that could be counted as a demerit against the state's voting-rights record. That's a repudiation of Attorney General Eric Holder's politically motivated campaign against voter ID, and perhaps that's why Mr. Sensenbrenner came on board.
But that concession isn't worth the broader political intrusion that the new proposal would allow. The Voting Rights Act's current provisions still provide ample federal enforcement when local politicians limit minority rights. Federal preclearance was an extraordinary exception to the Constitution's command of equal treatment under the law, and the country's racial progress shows it is no longer needed. Congress should let it die.
The WSJ may be puzzled, but there is nothing "strange" about the fact that conservative Rep. James Sensenbrenner (R-WI) is leading Republican support for the latest renewal of the VRA. Support for the VRA and its preclearance mechanism - including the formula for determining covered jurisdictions - has historically been strongly bipartisan.
Sensenbrenner was the GOP's legislative leader the last time the VRA was reauthorized in 2006, when Congress passed updates to the preclearance formula by majorities of 98-0 in the Senate and 390-33 in the House. As former President Ronald Reagan had done before him with the 1982 reauthorization of the VRA (another bipartisan effort, also involving Sensenbrenner), Bush publicly and proudly signed into law the 2006 preclearance mechanism that Republicans (many still in Congress) overwhelmingly supported. The current bill is specifically crafted to repeat such long-standing bipartisan support, and House Majority Leader Eric Cantor has stated that his "experience with John Lewis in Selma earlier this year was a profound experience that demonstrated the fortitude it took to advance civil rights and ensure equal protection for all ... I'm hopeful Congress will put politics aside, as we did on that trip, and find a responsible path forward that ensures that the sacred obligation of voting in this country remains protected."
The WSJ not only botches civil rights law history, it also botches the substance of the new amendment.
The media has extensively reported on the Republican National Committee's decision to boycott MSNBC following an offensive tweet for which the network subsequently apologized. But they've spent far less attention on the fact that the RNC denounced MSNBC while on Fox News -- a network that has frequently aired offensive and derogatory comments.
A day after civil rights organizations asked right-wing media to curb their misinformation and racially charged rhetoric, Fox News rejoined other conservative outlets in the smear campaign against Debo Adegbile, senior counsel to the Senate Judiciary Committee and President Obama's highly-regarded pick to head the Department of Justice's Civil Rights Division.
In a January 31 report posted to FoxNews.com, legal correspondent Shannon Bream contributed to a post that cited mysterious "critics" of Adegbile's supposed "outside the mainstream" approach to the law. The report did not mention that the criminal defense work he did to overturn an unconstitutional death sentence on appeal has been commended by the American Bar Association, members of the U.S. Supreme Court Bar, and the National Organization of Black Law Enforcement Executives (NOBLE). From FoxNews.com:
Adegbile has been described by critics as "radical," "dangerous" and "outside the mainstream."
Obama nominated Adegbile to head the Justice Department's Civil Rights Division.
However, he is now facing increased criticism for his role in getting convicted cop-killer Mumia Abu-Jamal's death sentence overturned during his time as a practicing attorney with the NAACP Legal Defense and Educational Fund.
Abu-Jamal was convicted in 1981 of killing Philadelphia police officer Daniel Faulkner.
Maureen Faulkner says she's "outraged" by Obama's decision to nominate Adegbile to the post.
Maureen Faulkner isn't the only one casting doubt on the nomination.
The Fraternal Order of Police recently sent a letter to Obama opposing Adgebile's possible appointment.
"This nomination can be interpreted in only one way: it is a thumb in the eye of our nation's law enforcement officers," Chuck Canterbury, president of the police group, wrote in a letter addressed to Obama.