Before the Supreme Court even heard oral arguments in Schuette v. Coalition to Defend Affirmative Action, potentially the nation's next major civil rights decision, The Wall Street Journal was already spreading misinformation about the case and the issues at stake.
In an October 14 editorial, The Wall Street Journal mislabeled the affirmative action ban challenged by the American Civil Liberties Union and the NAACP Legal Defense and Educational Fund, miscounted the number of justices that will decide Schuette (Justice Elena Kagan recused herself, having previously worked on the case), and mistakenly conflated a political restructuring case with a different strand of affirmative action cases:
Does it violate the U.S. Constitution's ban on racial discrimination for a state to ban racial discrimination? Most Americans would think not, but that's essentially the bizarre question before the Supreme Court on Tuesday as it considers a legal challenge to a 2006 Michigan referendum.
In Schuette v. Coalition to Defend Affirmative Action, the plaintiffs claim that Michigan violated the U.S. Constitution's Equal Protection Clause when 58% of Michigan voters supported Proposition 2 [sic], which amended the state constitution to prohibit discriminating by race in education, government contracts or hiring.
The Coalition for Affirmative Action argued that Prop 2 disproportionately burdened minorities in education. Their odd logic is that while advocates of, say, alumni legacy preferences would only need to lobby a school's admissions officials, advocates of race preferences under Prop 2 would have to amend the state constitution. So not discriminating by race discriminates by race -- got it?
It's only fair that the Supreme Court fix this legal mess that it did so much to create. Michigan's 2006 referendum was a response to the High Court's misguided 2003 decision in Grutter v. Bollinger that allowed schools to consider race as a factor in admissions for the purpose of diversity. Proposition 2 [sic] was the political response from a citizenry that still reveres the principle of color-blind opportunity.
The Schuette case ought to be an easy call for the Justices, and the ruling should be 9-0. Given the fraught politics of race, even on the High Court, it may end up being 5-4. But the failure to overturn the Sixth Circuit would enshrine in the law the concept that American voters can't choose to outlaw discrimination on the basis of race. Lincoln and Frederick Douglass would turn in their graves, if they didn't leap right out of them.
What the WSJ calls the "odd logic" of the plaintiffs isn't odd at all. The legal argument of the ACLU/NAACP (joined by multiple legal scholars, including Harvard Law Professor Laurence Tribe and University of California Irvine School of Law Dean Erwin Chemerinsky) is, in fact, solidly in line with Supreme Court precedent. The WSJ has assumed that, because Schuette is tangentially related to affirmative action, it must be an opportunity for the justices to revisit the holding in Grutter -- but the cases just aren't the same.
On October 15, the Supreme Court will hear oral arguments in Schuette v. Coalition to Defend Affirmative Action, a case that challenges a 2006 ballot initiative in Michigan that amended the state's constitution to prevent state universities from using race or sex as one of many equal factors in admissions. Although proponents of what was formerly known as Proposal 2 say this resulting affirmative action ban is consistent with the law, it appears to be specifically prohibited by the "political restructuring" doctrine of the Supreme Court.
The Wall Street Journal editorial board falsely claimed that the Department of Justice is relying on outdated civil rights law in its current lawsuits against the voter suppression of Texas and North Carolina.
Baselessly claiming DOJ's efforts to block redundant and unnecessarily restrictive voter identification laws that discriminate on the basis of race are motivated by politics, the WSJ incorrectly claimed that DOJ was trying to "reverse" the Supreme Court's infamous Shelby County v. Holder decision. From the editorial:
For Eric Holder, American racial history is frozen in the 1960s. The Supreme Court ruled in June that a section of the 1965 Voting Rights Act is no longer justified due to racial progress, but the U.S. Attorney General has launched a campaign to undo the decision state-by-state. His latest target is North Carolina, which he seems to think is run from the grave by the early version of George Wallace.
The worst argument against such laws is that they must be racially motivated because there is so little evidence of voter fraud. Yet no less that former Justice Stevens said in his opinion in the Indiana case that "flagrant examples of such fraud in other parts of the country have been documented throughout this nation's history by respected historians and journalists, [and] that occasional examples have surfaced in recent years." Anyone who thinks voter fraud doesn't exist hasn't lived in Chicago or Texas, among other places.
It's telling that Mr. Holder prefers to file lawsuits rather than take up the Supreme Court's invitation to modernize the Voting Rights Act for current racial conditions. The Congressional Black Caucus has said it is working on a new formula for preclearance, but such legislative labor doesn't get the headlines that lawsuits against GOP-run states do.
The conservative wing of the Supreme Court gutted the Voting Rights Act in Shelby County when it overturned decades of precedent, ignored bipartisan congressional intent, and disregarded the text of the Fifteenth Amendment in order to dismantle the "preclearance" provisions of the VRA. These neutralized provisions - Sections 4 and 5 - required states with an engrained history of racially discriminatory voter suppression to "preclear" any subsequent election changes with DOJ or the courts before implementation.
Shelby County did not directly touch any other component of the VRA.
For example, despite the right-wing's obvious plan to drag this crown jewel of civil rights law back before the Supreme Court in the future, DOJ still has authority under the VRA to attempt to block voter suppression after legislative enactment, if no longer before. In addition to this after-the-fact enforcement powers under Section 2, DOJ also retains the ability to ask a court to once more place a jurisdiction shown to intentionally suppress the vote on the basis of race under the "preclearance" supervision of Section 3, similar but different to the process under Sections 4 and 5.
DOJ is seeking to block voter suppression in Texas and North Carolina using only those sections still intact after Shelby County. Contrary to the WSJ's claims, by litigating under Sections 2 and 3, DOJ is expressly not trying to "reverse" a decision that only affected Sections 4 and 5. It is, rather, making do with what is left of perhaps the nation's greatest civil rights achievement.
The Washington Post blithely suggested that Congress should "rewrite" the Voting Rights Act (VRA) rather than allow the Department of Justice to hold states accountable for voter suppression in federal court, seemingly oblivious to the government shutdown caused by the historic obstructionism of the GOP-controlled House of Representatives.
Although the conservative wing of the Supreme Court recently gutted significant protections for the right to vote in last summer's infamous Shelby County v. Holder, judges still have authority under the VRA to enjoin voter suppression after a discriminatory law is enacted. The Department of Justice is suing the states of Texas and North Carolina under these Section 2 powers, and if a court finds that the voter suppression attempted in either of these states was done with the intent to discriminate on the basis of race, Section 3 of the VRA could require these states to once again "pre-clear" their election changes.
In the middle of a Republican-caused government shutdown due to opposition to the Affordable Care Act, however, the Post opined that rather than sue states in court for clear violations of the VRA, it would be "easier and fairer" for Congress to "rewrite" those pre-clearance sections that Shelby County struck down. From the editorial:
EVER SINCE the Supreme Court gutted a key section of the 1965 Voting Rights Act, Attorney General Eric H. Holder's Justice Department has been trying to patch it, using the sections of the law that the court left in place to reconstitute the checks on discrimination that had existed for decades. The Justice Department's latest move, involving a challenge to odious new voting restrictions in North Carolina, demonstrates that Mr. Holder is committed to the effort. It also demonstrates why Congress, not the Obama administration, should be the branch of government offering the primary response to the court's ruling.
With a series of wins in cases such as North Carolina's, the Justice Department could reestablish the pre-clearance requirement in many places where it used to apply. The easier and fairer way to revive pre-clearance, however, would be for Congress to rewrite the formula for which places should be covered. The Supreme Court left lawmakers that latitude, and large bipartisan majorities in Congress historically have supported pre-clearance. If lawmakers want to get back to doing something productive, resuscitating the Voting Rights Act would be a good place to start.
Considering DOJ's obligations under the VRA, the Post's objection to legally holding states accountable for voter suppression would have been unnecessarily deferential to the legislative branch in any context. In the reality of a government shutdown, the Post's call that "[i]f lawmakers want to get back to doing something productive, resuscitating the Voting Rights Act would be a good place to start" is downright bizarre.
In an attempt to smear unrelated civil rights law by linking it to the tragic Navy Yard shootings, right-wing activist Hans von Spakovsky argued that background checks for arrests without convictions could stop gun violence.
Never one to miss an opportunity to shoehorn an attack on civil rights law into a different subject, widely discredited National Review contributor von Spakovsky used the disturbing mass murder committed by a veteran of color to criticize employment law that guards against unnecessary racial discrimination in hiring practices. From his recent op-ed in The Washington Times that claimed "Obama policy would have exempted the Navy Yard shooter from scrutiny":
But what if The Experts had actually turned up these criminal arrests for gun-related violence [in a background check] and refused to hire Alexis? If the company had done so, it might have violated the hiring policy the Obama administration is trying to force on private employers. It could have been accused of discrimination by the Equal Employment Opportunity Commission (EEOC), a federal agency controlled by Obama appointees.
In April 2012, the EEOC issued enforcement guidance severely restricting the use of criminal background checks by employers when hiring new employees. The EEOC claims that because blacks and Hispanics are arrested and convicted at higher rates than whites, the use of a criminal-background check will have a "disparate impact" on minorities and, therefore, violates Title VII of the Civil Rights Act of 1964.
Unfortunately, the terrible tragedy in the Navy Yard graphically illustrates why the Obama administration's push to force employers to stop using criminal background checks is not only legally wrong, but dangerous.
Rather, the EEOC is utilizing long-standing anti-discrimination law under Title VII of the Civil Rights Act that prohibits those employment or hiring policies that have an unjustified discriminatory effect on persons of color. Therefore, criminal background checks per se are perfectly acceptable if they are pertinent to the job at hand.
Recently, however, blanket employment screening has become so commonplace that it flags offenses that are not only minor, but also unnecessary for the occupation in question. Because the databases that background checks rely on have an alarmingly high number of false positives based on "incomplete or inaccurate information," and because communities of color disproportionately suffer from encounters with the criminal justice system, multiple reports indicate that this new trend is making the unemployment rate for persons of color worse.
National Review Online is attacking the Department of Justice's decision to hold the state of Louisiana accountable for apparently failing to comply with the terms of several longstanding court orders, incorrectly framing these enforcement efforts as an attempt to force minority students to attend failing schools.
This is not the first time that the NRO has advanced these outlandish claims against the DOJ and the Obama administration, but they continue to be dishonest. From a September 24 column on NRO's The Corner:
The Department of Justice's fight against school vouchers for poor children in Louisiana has not been popular, and the Obama administration knows it. So last night, in a particularly cynical move, the DOJ filed an additional motion, amending its suit in phrasing but not spirit.
This political maneuvering threatens the future of thousands of minority children who may soon be banished to failing schools.
The DOJ is making two main demands: First, it wants information about how the voucher program would affect the racial composition of public schools; and second, it wants parents to get pre-clearance from federal courts before they're allowed to transfer their own children to a school of their choice.
And if the DOJ succeeds, that would have repercussions not only within Louisiana, which has emerged as a national school-choice leader, but also across the United States; education reformers would have to assess how offering academic options to parents and their children might affect "desegregation."
The DOJ filed its suit because Louisiana is under numerous federal court orders that require the state to assess the impact of new educational policies on decades-long efforts to desegregate Louisiana public schools, not because it believes, as NRO puts it, "Minority kids mustn't leave for better schools." Louisiana Gov. Bobby Jindal ignored this legal obligation and went ahead with a voucher program before providing any information to the court regarding its effects, even after the DOJ warned the voucher program appeared to have "impeded the desegregation process."
In an interview with libertarian media outlet Reason.com, columnist George Will spoke out in defense of right-wing "judicial activism," highlighting civil rights precedent as particularly problematic.
While other right-wing media outlets - most notably National Review Online - twist themselves into knots pretending efforts to roll back decades of progressive law that emanated from the New Deal, civil rights era, and Great Society are paradoxically a form of restraint, Will has taken the opposite approach. As noted in a recent interview with Reason.com, Will has "increasingly kind words for what used to be derided by conservatives as 'judicial activism.'"
Will's admission as to what the current right-wing legal movement is supporting in its quest to overturn critical progressive precedent has been criticized as hypocritical from both the right and the left.
In the Reason.com interview, Will continued his unapologetic defense of judicial activism on behalf of right-wing goals, by arguing "someone has to say what the Constitution means." Will subsequently listed federal programs that he thought were suspect, including the interstate highway program, federal funding for state education, and affirmative action. Linking all three programs as unnecessary examples of government overreach, Will also explained that the time for state action against systematic racism was over because "routine daily insulting of African-Americans by white Americans is now completely unacceptable. That's an astonishing improvement."
In addition to repeating this right-wing media claim that the problems of structural racism are a thing of the past and the fight for civil rights is over and "won," Will recycled debunked right-wing media claims that affirmative action "is really not helping people, it's really hurting a lot of people," dismissing it as only a way to "make elite universities feel virtuous." In fact, this was not one of the many "substantial" benefits that conservative former Supreme Court Justice Sandra Day O'Connor relied on to uphold the continued constitutionality of affirmative action in Grutter v. Bollinger.
Will's refusal to honestly describe this race-conscious program to ensure equal opportunity in education, however, illustrates that whatever term right-wing media use to describe the current conservative legal assault on half a century of civil rights precedent, the end goal is the same.
Rush Limbaugh charged that a new rule proposed by the Housing and Urban Development Department (HUD) aimed at promoting fair housing practices was "social engineering" and an attempt on the part of the federal government to "force" people to live in certain neighborhoods.
In the 1970s, schools were ordered to bus children into neighborhoods far away in order to racial balance in the schools. ... [W]hen forced busing erupted, there was outrage all over the country, including liberal Boston. But the social architects of the left didn't listen, and they kept at it ... 'cause they were forcing people to do what people weren't doing of their own volition. People were choosing neighborhoods where they wanted to live, and leftists didn't like the choices they were making. So they basically used the power of the government to force them [to move].
Okay, let's fast forward to today. Social engineering is on the verge of being imposed on entire neighborhoods, adults and children alike. ... What this is, is central planners imposing their will on where you live, not just where your kids go to school--and it's all being done, of course, for our own good.
Limbaugh cites a Wall Street Journal op-ed written by Rob Astorino, the Republican Westchester County executive, as proof that HUD "wants the power to dismantle local zoning" ordinances in order to impose diversity in local communities. Limbaugh goes on to claim that "[a]ll of this is Obama and the Democrats. They run these agencies. They look at zoning as disguised discrimination." Any effort to balance out segregated housing patterns, according to Limbaugh, is "part of [an] ongoing effort to achieve utopia" by "the elites."
What Limbaugh fails to note is that HUD's efforts to integrate racially homogenous neighborhoods is not new, nor was it invented by President Obama or anyone in his administration. It was actually Republican George Romney (father of Mitt), in his role as Richard Nixon's HUD Secretary, who began this effort with the "Open Communities" program in 1968. The program would have given federal grants only to those local governments that provided subsidized housing for poor minorities, in an effort to promote equal opportunities in housing and education.
National Review Online attacked "contemporary progressivism" because it is "led by radical lawyers," a dubious proposition that ignores the fact that the right-wing legal movement is currently attempting to overturn decades of Supreme Court precedent.
Without any acknowledgment of the recent wave of conservative challenges to long-standing law that underpins the successes of the New Deal and the civil rights movement, NRO condemned progressives for approaching the legal profession "as a kind of revolutionary instrument." From NRO:
Perhaps the most alarming fact about contemporary progressivism is that it is a movement led by radical lawyers. The use of the law to undermine our constitutional tradition is in effect the use of the law to undermine itself. But worse than that, it is the use of the legal profession as a kind of revolutionary instrument. That is a particular problem because the legal profession has always had a special role in the Anglo-American common law tradition as precisely an anti-revolutionary instrument--a repository of cautionary precedent and prudent mulishness. "The English or the American lawyer inquires into what has been done, the French lawyer into what one ought to wish to do," Alexis de Tocqueville wrote in 1835.
As the more nuanced essay that NRO relied on noted, organizations like the NAACP did in fact have to challenge racist precedent in order to overthrow Jim Crow, a form of "radical lawyer[ing]" that has inspired practitioners since.
What the NRO failed to acknowledge, however, is that if challenging "what has been done" is "undermin[ing] our constitutional tradition," it is contemporary conservatism that is currently taking its turn, with its relentless assault on modern constitutional law.
Spurred on by right-wing media, the conservative legal movement has steadily increased its challenges to established precedent on topics ranging from the ability of the federal government to regulate the economy, the protection of the right to vote from racial discrimination, the ability for workers to effectively advocate, access to justice for plaintiffs other than well-funded corporations, prohibitions on the corruptive influence of money on elections, the ability of the country to offer equal opportunity in education for all, and the president's centuries-old power to appoint officials during recesses, just to name a few.
And then, of course, there is abortion.
In a column on National Review Online's (NRO) The Corner, Fox News contributor and NRO columnist John Fund and Heritage Foundation senior legal fellow Hans von Spakovsky laid out what they considered "The Latest Evidence Of Voter Fraud." The evidence they offered, however, amounted to one county in Mississippi that was recently ordered to remove ineligible voters from its registration rolls, and a report released by the conservative Voter Integrity Project showing a statistically insignificant number of alleged voter fraud cases, neither of which showed any conclusive evidence or prosecution of voter fraud.
In a September 9 column, Fund and von Spakovsky wrote, "Obama-administration officials and their liberal camp-followers who routinely claim there is no reason to worry about election integrity because vote fraud is nonexistent suffered some embarrassing setbacks last week."
The first piece of evidence they offered was a lawsuit brought by the American Civil Rights Union (ACRU) -- a far right legal advocacy group whose senior fellow and policy expert once accused the NAACP's president of "treason" for denouncing voter ID laws, and who said it was racist to oppose those same laws -- against Walthall County, Mississippi in which the county was instructed to purge its voter rolls of felons, the deceased, and duplicate registrations. Fund and von Spakovsky made no claims of actual voter fraud in regards to that case, however, writing only that:
This is the first time in the 20 years that the NVRA has been in force that a conservative group has sued to enforce Section 8, while liberal advocacy groups have filed many cases to try to stop election officials from cleaning up their registration lists, a practice which they foolishly label "voter suppression."
An inflated voter registration roll by itself is not evidence of voter fraud, which the Brennan Center for Justice defined as "when individuals cast ballots despite knowing that they are ineligible to vote, in an attempt to defraud the election system." Instead, voter roll purges have repeatedly been used as a tool to disenfranchise minorities and students -- traditionally Democratic voting blocs.
The second piece of evidence Fund and von Spakovsky presented was a report released by the Voter Integrity Project of North Carolina (VIP-NC), a group with a history of false claims regarding voter fraud. VIP-NC released a report they obtained from the North Carolina Board of Elections which shows 475 cases in which the state had a "reasonable suspicion" that voter fraud occurred. Those cases were turned over to the appropriate district attorneys and Fund, von Spakovsky, and VIP-NC acknowledged that prosecutors chose not to bring charges in those cases. However, Fund and von Spakovsky attributed the lack of convictions to political fear, writing, "As VIP also points out, the report raises the important question of why local district attorneys in North Carolina have been 'so negligent in prosecuting' these referrals."
Fund and von Spakovsky used the VIP-NC report to advocate for strict voter ID laws and portrayed North Carolina as a hotbed of voter fraud (emphasis added):
The report shows that there were 475 cases of election fraud that the Board "believed merited a referral" to prosecutors between 2008 and 2012. The fraud included double voting, impersonation and registration fraud, and illegal voting by noncitizens and felons. Not all of this fraud would have been stopped by voter ID, but there are certainly people willing to engage in fraud and we need to take a comprehensive approach to protect the security of the voting and election process.
In fact, the strict voter ID laws they advocate might have prevented only one of the 475 alleged voter fraud cases referenced -- the single allegation of voter impersonation. According to the report, the majority of the 475 cases occurred during the 2008 general election, when over four million people voted. Yet conservatives in the state have used similar claims of voter fraud to pass what former Secretary of State Hillary Clinton called a "greatest hits of voter suppression."
According to Mother Jones, North Carolina's law "prohibits same-day registration, ends pre-registration for 16- and 17-year-olds, eliminates one week of early voting, prevents counties from extending voting hours due to long lines (often caused by cuts in early voting) or other extraordinary circumstances, scratches college ID cards and other forms of identification from the very short list of acceptable state-issued photo IDs, and outlaws certain types of voter registration drives." From Mother Jones:
The bill's new provisions make it so that, with very few exceptions, a voter needs a valid in-state DMV-issued driver's license or non-driver's ID card, a US Military ID card, a veteran's ID card or a US passport. According to an April 2013 analysis (pdf) of state Board of Elections data by Democracy North Carolina, 34 percent of the state's registered black voters, the overwhelming majority of whom vote Democrat, do not have state-issued photo ID. The same study found that 55 percent of North Carolina Democrats don't have state-issued photo ID. Only 21 percent of Republicans have the same problem.
Instead of protecting elections from fraudulent voting, strict voter ID laws are instead being used to disenfranchise minorities and low-income individuals in an effort to help Republicans win elections.
Fund and von Spakovsky both have a history of spreading misinformation about voter fraud, culminating in a book they co-authored that is rife with falsehoods. NRO's continued advocacy of strict voter ID laws is not surprising given its sordid history regarding civil rights.
A Wall Street Journal editorial is mischaracterizing the Department of Justice's attempts to bring Louisiana into compliance with long-standing school desegregation orders as motivated by pro-union biases.
The editorial follows a long line of conservative media attacks against the DOJ's decision to file a lawsuit against Louisiana, asking a federal court to block the state's controversial voucher program. Despite the fact that Republican Louisiana Gov. Bobby Jindal began issuing vouchers before seeking the required judicial approval, he insists that the DOJ's suit is nothing more than a scheme to advance the interests of teachers unions, a baseless charge the WSJ editorial board continues to repeat.
After accusing Education Secretary Arne Duncan of "plead[ing] ignorance" for refusing to comment on the DOJ lawsuit (neither Duncan nor the Department of Education are parties to the suit), in a September 6 editorial the WSJ went on to suggest that the "real motive" for the suit is a pro-teachers union agenda on the part of the DOJ:
[Jindal] got to the heart of the matter by noting that the real motive for this lawsuit is union politics. The teachers unions have been trying to block the voucher plan by any means possible, but so far they've failed. Bringing in the feds for a desegregation gambit is merely the latest attempt.
Jindal maintains that vouchers represent the next stage of the civil rights struggle by offering minority students at failing schools a "choice," but the DOJ argues that vouchers actually "impeded the desegregation process." More importantly, right-wing media have largely ignored the existence of numerous long-standing court orders that require Louisiana to obtain permission from a federal judge before making any changes to the education system that might negatively impact desegregation efforts.
Instead, right-wing media are accusing the Obama administration of "inhumane" treatment of students of color and comparing Attorney General Eric Holder to infamous former Alabama Gov. George Wallace who sought to illegally maintain segregation in schools. For its part, the WSJ claims that "studies" show that "voucher recipients increase integration by letting minority children escape geographic school boundaries."
From the September 9 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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A new study from The New Republic determined that the Drudge Report's use of race-baiting headlines has soared in the last five years, a fact that lends context to the recent flood of conservative media amplifying random, interracial crimes and baselessly assigning them a racial motive.
Matt Drudge's conservative website Drudge Report is infamous for its obsessive coverage of alleged black-on-white crime and race-baiting headlines. But it's only getting worse, according to a new analysis by The New Republic. The magazine analyzed Drudge's use of race-related terms in headlines after 2008 -- the year President Obama established himself as a national figure with his first presidential campaign -- with Drudge headlines before 2008, and the results are striking. According to the analysis, since 2008, Drudge headlines:
Notably, the analysis highlighted that Drudge often altered headlines to inject a racial component when the original source contained none. This method of race-baiting has spilled over into the broader media. Recently, conservative outlets have seized upon local crime stories and baselessly assigned them racial motives when no such evidence existed. This spate of reckless race-baiting has been repeatedly accompanied by inapt comparisons to the killing of Trayvon Martin, an attempt to highlight a supposed double standard among civil rights leaders and media figures.
When a video of three teenage students beating up another student on a Florida school bus surfaced in early August, local media reported that the attack was in retaliation for the victim notifying school officials that the three teens tried to sell him drugs. But because the perpetrators happened to be black and the victim white, conservative media broke into a chorus of race-baiting, complaining that civil rights leaders hadn't spoken about the assault. Fox News bragged about its insertion of race into the crime, highlighting that it was the only network to bring race "to the forefront" on the story.
When three teens -- two black, one white -- allegedly shot and killed an Australian college student last month because they were "bored," law enforcement officials emphasized there was no evidence "to indicate that the killing of Christopher Lane was related to either his race or to his nationality."
Undeterred by facts, right-wing media again repeatedly manufactured a racial motive. Fox argued that the murder was "likely motivated by race" and even criticized other media outlets for "ignoring the race issue" in the crime. Drudge featured photographs of the two black suspects, neglecting to include the photo of their alleged white accomplice.
A National Review Online editorial compared Attorney General Eric Holder to a notorious Jim Crow official for blocking a Louisiana school voucher program and accused the Obama administration of dehumanizing children of color, failing to mention the Department of Justice is acting pursuant to long-standing desegregation orders.
Continuing a right-wing media campaign against the DOJ's current attempts to ensure Louisiana remains in compliance with valid court orders still in effect to prevent the re-segregation of its public schools, the NRO followed the lead of Fox News and completely ignored the law in order to champion a Republican school voucher plan.
The NRO also accused the Obama administration of "inhumane" treatment of public school students of color, comparing the attorney general to George Wallace, the infamous Alabama governor who attempted to illegally maintain school segregation.
Finally, the editorial assumed its readership was unaware of Nixon's "Southern Strategy" and the well-known switch on race relations between the two parties because of federal civil rights law, ahistorically concluding "[w]ould that [Wallace's] fellow Democrats should have a similar change of heart and give up their half-century stand in the schoolhouse door." For a publication with an ugly and well-documented history of past and present racism, such smears are wildly audacious.
From the September 4 editorial:
It was 50 years ago this June that George Wallace, the Democratic governor of Alabama, made his infamous "stand in the schoolhouse door" to prevent two black students from enrolling at an all-white school. His slogan was "Segregation now, segregation tomorrow, segregation forever!"
These many years later, Democrats still are standing in the schoolhouse door to prevent black students from enjoying the educational benefits available to their white peers, this time in Louisiana instead of Alabama. Playing the Wallace role this time is Eric Holder, whose Justice Department is petitioning a U.S. district court to abolish a Louisiana school-choice program that helps students, most of them black, to exit failing government schools.
The Obama administration is a serial offender on this issue, and its cynicism is startling.
Setting aside the naked political cronyism that is in fact at the heart of this dispute, consider the DOJ's case on its merits: The government is arguing that the choices of actual black students and their families must be constrained in the service of preserving certain statistical measures of how black certain schools are. Put another way, this case really turns on the question: Are black children human beings?
Continuing right-wing media attacks on the Department of Justice's attempts to protect school integration in Louisiana, Fox News host Bill O'Reilly completely ignored the multiple federal court orders blocking a school voucher plan that may cause re-segregation.
Recently, right-wing media have been ignoring their proclaimed fidelity to the rule of law and the U.S. Constitution by dismissing violations of civil rights law, supposedly out of sympathy for other persons of color unaffected by the racial discrimination in question.
The most prominent example of this paradoxical stance has been right-wing media's strenuous defense of the New York Police Department's (NYPD) stop and frisk policy on behalf of crime victims of color, despite the fact that federal courts have found it unconstitutionally discriminates against millions on the basis of race. This selective disregard for legal requirements when discussing significant civil rights holdings reemerged this week, with the announcement that the Department of Justice agrees with a recent federal court decision that found the school voucher program in Louisiana was not in compliance with a decades-old court order.
On August 27, the editorial board of The Wall Street Journal responded by attacking the Department of Justice's attempt to bring Louisiana back into compliance with multiple desegregation orders potentially violated by the voucher plan, and accused Attorney General Eric Holder of betraying the principles of Martin Luther King Jr. According to the WSJ, "[a] black Attorney General ought to be applauding this attempt to fulfill MLK's dream of equal educational opportunity. His lawsuit turns racial justice on its head."
Fox News has followed this lead by offering ill-informed explanations of the Department of Justice's actions and Louisiana's integration requirements. On the August 29 edition of The O'Reilly Factor, O'Reilly didn't even bother to mention the current court orders or the fact that Louisiana could easily seek authorization from the relevant federal courts for its voucher plan, instead accusing Holder and President Barack Obama of "siding with the left."