Conservative media have rushed to praise the recent Supreme Court ruling which upheld Michigan's ban on affirmative action policies, while ignoring the ruling's dangerous consequences for minority rights.
On the April 27 edition of NBC's Meet the Press, conservative author Mallory Factor applauded the decision by the Supreme Court in Schuette v. BAMN, in which the conservative justices of the Supreme Court effectively overturned decades of civil rights precedent and gutted a core component of equal protection law by giving Michigan voters the power to change their state's constitution to ban race-based university admissions. Factor praised the court for "finally saying, we're not going to make law from on high; we're going to leave law to the states and let the states make some decisions."
But Michigan provides a perfect example for why rights like these should be decided by the courts, and not left up to voters: over 80 percent of residents are white. The Supreme Court decision did not change the fact that race-conscious government action, such as affirmative action, remains constitutional, but it did open a door for state majorities to change their political systems unfairly disadvantage minorities -- and in a state like Michigan where white Americans are the overwhelming majority, it's all too easy to see the dangerous consequences this decision could have on civil rights.
The data shows the reality of these negative consequences. A recent study from the Pew Research Center found that despite majority support for affirmative action programs around the country, a strong racial and partisan divide in opinion exists, with the overwhelming majority of those who oppose these policies being white and/or Republican:
As Think Progress reported, the decision also "sanctioned two tiers of access in our nation's colleges and universities: one for the children of donors, alumni, and other interest groups, and another for racial and ethnic minorities." Any non-minority group seeking to lobby the state's public universities for improved admissions standards in the future -- such as children of rich donors or legacies -- are free to petition the university directly, but minorities must overturn a state constitutional amendment.
In Michigan, the impact of the decision is already being felt by minority students. In addition to racist incidents and racial tensions on campuses around the country, the ACLU reported that enrollment of African-American students in Michigan has seen a dramatic decrease since Proposal 2, the act which barred the state's universities from considering race as an admission factor, took effect:
There has been a notable decline in minority enrollment since Proposal 2 took effect. For example, African-American enrollment plummeted 33 percent at the University of Michigan/Ann Arbor between 2006 and 2012, even as overall enrollment grew by 10 percent.
Factor isn't the only one praising the Schuette ruling. Immediately after the Supreme Court's decision was announced, conservative media jumped to applaud it, hailing affirmative action as a form of reverse-racism. Right-wing media's praise for the decision for doing away with imaginary racial discrimination against white people ignores the fact that the case did not actually rule on affirmative action itself, but instead ruled to give states the power to ban affirmative action themselves through a ballot initiative.
By blindly praising the decision, conservative media cast aside the dangerous consequences it could have on civil rights by granting voters, instead of the courts, the power to make these decisions.
Fox News hyped baseless claims from fast food industry sources that the recent fast food protests were nothing but "rent-a-mob[s]" and misleadingly cited national labor statistics to minimize the fast-food workers' apparent need for increased wages.
On the December 10 edition of Fox News' Fox & Friends, co-host Brian Kilmeade suggested that there was a "secret ingredient" in the December 5 demonstrations by fast food workers and their advocates in support of minimum wage increases, asking Fox contributor and anti-union activist Mallory Factor to weigh in. Factor claimed "it was rent-a-mob. purely rent-a-mob," and that "these guys were getting $50, $75 in Seattle, for instance" -- claims which he sourced to the National Restaurant Association. Responding to Factor's assertions, Kilmeade did note that the director of the Fast Food Forward campaign, a group that had helped organize the protests, had denied allegations that protesters had been paid, yet then went on to mislead about the economic factors fueling the protests by claiming that only "2 percent of the workforce are minimum-wage workers and only 1.5 percent of them support their families or themselves on that salary."
Kilmeade's claim that only 2 percent of the workforce is paid the minimum wage references national workforce data, and does not reflect the reality of low wages in the fast food industry. In fact, an August 2013 study from the Center for Economic and Policy Research (CEPR) found that about 13 percent of fast food workers make at or below the federal minimum wage, and about "70 percent of fast-food workers fall in the range between the current $7.25 federal minimum wage and the $10.10 level." From CEPR:
A study by researchers from the University of Illinois and the University of California-Berkeley found that 68 percent of fast food workers are the primary wage earners for their families, and CEPR noted that "more than one-fourth" of all fast food workers are responsible for raising at least one child. According to CEPR, 40 percent of fast food workers are over the age of 25, and of the fast food workers that are above age 20, "almost 85 percent have a high school degree or more and over one-third have spent at least some time in college (including about 6 percent who have earned a college diploma)."
Furthermore, Factor's characterization of the fast-food demonstrators as "rent-a-mobs" echoes a discredited anti-labor line of attack that has been pushed by notorious restaurant industry lobbyist Richard Berman and his anti-labor front groups, The Center for Union Facts and ROC Exposed, as well as by Walmart. The fact that Factor only cites a claim from the National Restaurant Association, an industry lobby group, that the protesters were "paid demonstrators" as a source for his "rent-a-mob" claim does not lend his argument much credibility.
Image via Steve Rhodes