By Noah Rothman
Friday, May 21, 2021
Racial discrimination is all the rage these days. At
least, as long as you’re discriminating against the right people.
A voguish set of bigotries have come to consume leftwing
thought; a fashionable contempt toward those born into the wrong identities
that festoons itself with language that imitates scholarly precision. It is the
outgrowth of pseudo-academic discourse that was once consigned only to critical
theory and identity-studies departments on campus, but it long ago migrated
into politics and the workplace. It is burdened with enough jargon to sound
authoritative, so many might find it hard to argue against. But in practice, it
just looks like plain old discrimination.
In Marin County, California, elected officials recently approved
the provision of a universal basic income, but only to “mothers of color.” As one of the program’s supporters noted, these disbursements will be
race-based because recipients have “low income, young children” and are “facing
the daily travails and insults of overt and covert racial discrimination.” But
as critics noted, plenty of low-income, single mothers fit within the criteria
of who could be a beneficiary. They have been weeded out only because of the
assumption that the accidents of their birth already provide structural biases
in their favor.
This program isn’t an outgrowth of something as
Neanderthalic as racial prejudice, you see? It’s social science.
In Chicago, Mayor Lori Lightfoot is attempting to cosset
her administration with favorable press coverage by selecting the journalists
who will cover her based on their race. Her assumption seems to have been that
her fellow Democrats would welcome this nakedly corrupt abrogation of the
American civic compact because it is being marketed as a form of reparations.
She’s not discriminating against white journalists; she’s “breaking barriers” and shattering “institutionalized
racism.” Those reporters may be “smart and hard-working, savvy and
skilled,” Lightfoot conceded, “But mostly white, nonetheless.”
That might sound to the untrained ear like racial
partiality–the privileging of certain people based on the color of their skin.
But it’s most assuredly not. It’s the pursuit of “racial justice” based on
conclusive academic
research.
The Biden administration has fully internalized the logic
of this kind of racial discrimination, which its members call “equity.”
In one of its many manifestations, the administration tasked the Small Business
Administration with provisioning COVID relief to affected restaurants according
to the recipients’ identities. The Restaurant Revitalization Fund would prioritize
applicants who are presumed to be “socially and economically disadvantaged,”
which meant women and racial minorities “who have been subjected to racial or
ethnic prejudice or cultural bias.”
There’s just one obstacle in the path of the Democratic
Party’s pursuit of social justice: the U.S. Constitution.
On Tuesday, a federal judge issued a preliminary ruling in a case brought by a
white male restaurateur who claimed that the program as it is designed violates
the Equal Protection Clause in the 14th Amendment. The clause was designed to
prohibit racial discrimination regardless of the self-righteousness of those
engaged in discrimination, and it has functioned as intended. District Judge
Reed O’Connor found that the plaintiff was, indeed, “experiencing race and sex
discrimination at the hand of government officials” within the Biden
administration.
The government argued that such nakedly prejudicial
measures were crucial for “remedying the effects of past and present
discrimination” by supporting “disadvantaged small business owners . . . who
have borne and outsized burden of economic harms” during the pandemic. It
argued further that the SBA’s administration of this program is not distinct
from other programs, which are proscribed from distributing funds “in a manner
that perpetuates the effects of either public or private discrimination.” But
this judge wasn’t buying it, and he slapped an injunction on the program to
prevent the disbursement of all of the fund’s $28.6 billion in a discriminatory
manner.
O’Connor concluded by dryly noting that the government
had failed to prove that it had a compelling interest in remedying “past and
present discrimination” with more discrimination. But if the government has no
such interest, “Critical Race” theorists most certainly do. As Ibram X. Kendi,
one of the most famous expositors of this theory that rejects classically
liberal prescriptions for racial harmony, wrote: “The only remedy to racist discrimination is
antiracist discrimination. The only remedy to past discrimination is present
discrimination. The only remedy to present discrimination is future
discrimination.”
Fashionable racism has overtaken one of America’s major
political parties, but it has not erased generations of constitutional and
jurisprudential precedents that strive toward colorblindness. For the left,
“colorblindness” has become a dirty word. The very idea of meritocratic
fairness is in bad odor because academia has exposed it as a lie.
Egalitarianism is a myth propagated by those who would use it as a smokescreen
to execute racial injustices and preserve their own societal positions. Studies
have conclusively debunked the idea of the post-racial
society.
These aren’t assumptions native to a parochial caste of
like-thinking professionals. They are facts, long ago demonstrated beyond a
reasonable doubt for those who are properly educated. It’s science, and who
could argue with that?
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