They Aren’t Even Pretending Any More

Jim Banks and J.D. Vance–two MAGA Republicans–have introduced a new bill, “The College Admissions Accountability Act.” It would create “a dedicated office for investigating race discrimination in college admissions.” A rightwing publication calls it  “the most dramatic effort yet to enforce the Supreme Court’s ban on affirmative action.”

Wow…just wow.

As described in glowing terms by the Washington Free Beacon (the rightwing publication), the Act

would establish a special inspector general within the Education Department—separate from the Office of Civil Rights—to probe potential violations of the colorblind standard set forth in Students for Fair Admissions v. Harvard, which ruled that race-conscious admissions programs violate the 14th Amendment. The bill would also bar schools that flout the decision from receiving any form of federal aid…

The bill would create a new mechanism for applicants and university employees to file discrimination claims against admissions departments. Those claims would be investigated by the special inspector general—nominated by the president and confirmed by the Senate—who could then recommend enforcement actions, including the revocation of federal funds, to the secretary of education and attorney general.

The office would also submit quarterly reports to Congress on the allegations it has received and what corrective steps have been taken. That means the secretary of education and attorney general, while theoretically free to ignore the office’s recommendations, would face public pressure to lay down the law.

Universities, meanwhile, would be at constant risk of humiliation if they adopt the sort of race-based policies that have become de rigueur throughout higher education. Though focused on admissions, the bill also covers “financial aid determinations” and “academic programs,” empowering the inspector general to go after scholarships, fellowships, and research programs that exclude non-minorities.

“The federal government has given the universities free rein to discriminate against white and Asian students,” Christopher Rufo, the conservative activist behind numerous state laws banning critical race theory, said of the bill. “Senator Vance’s proposed legislation will put a stop to this.”

Rufo, you will recall, is Ron DeSantis’ go-to guy on education…

The questions just ask themselves…like, where were these proud opponents of racial discrimination when it was Black kids who were being discriminated against? (Answer: Nowhere to be found.) And what happened to those intrepid conservative warriors  who were battling big government and regulatory over-reach? (Answer: It doesn’t count as over-reach if government is imposing policies that benefit White Christian guys.)

I note from the above description of the bill that these Paladins of Non-discrimination are also working hard to ensure that those greedy Black kids who somehow manage to get admitted don’t get any “extra” consideration when it comes to financial assistance. 

Given Banks hostility to LGBTQ Americans, I’m only surprised that he didn’t manage to work some homophobia into his new appreciation for having government oversight and “accountability.” (Of course, I haven’t read the entire bill…)

When the Supreme Court  handed down its decision on affirmative action, the Congressional Black Caucus warned that ending the consideration of race in admissions policies in higher education would have far-reaching, negative consequences. Even that Caucus, however, could not have foreseen the way White Supremicists have rushed to bully and threaten universities in order to ensure that Black applicants receive absolutely no “special” consideration. (And clearly, from the language of Banks’ bill, White guys hostile to Black kids will be the ones who get to decide what “special” consideration looks like.)

When I read the language of this bill, it prompted a twinge of nostalgia for the dear departed days of the “dog whistle.” MAGA Republicans like Banks have substituted a bugle for that whistle. 

Ohio is responsible for J.D. Vance (about whom Mitt Romney recently wrote, “I don’t know that I can disrespect someone more than JD Vance”), but voters in a Hoosier Congressional district are the ones who inflicted Jim Banks on the country. Now Banks wants to take his fetid brand of MAGA fundamentalism to the U.S. Senate. WE CANNOT ALLOW THAT TO HAPPEN.

As Brian Howey wrote when Banks was supporting Jim Jordan for speaker, “Indiana has a history of Senate lions; Banks is a House hyena.”

We have a chance to get rid of Banks in 2024. Democrat Marc Carmichael is the antithesis of Jim Banks; he would be a Senator Hoosiers could be proud of. He actually wants to be a Senator for ALL Indiana citizens.

Go to his website. Volunteer. Send him money. Tell your friends. 

Help him defeat the hyena.

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Protecting Privilege

There is very little I can add to the mountains of commentary criticizing or defending the  Supreme Court’s decision to overturn affirmative action in University admissions. I do think it is important, however, to focus on its impact, which will be almost entirely limited to colleges and universities that are considered “elite.” As several analysts have pointed out, the U.S. has somewhere between 3,500 and 5,500 colleges and all but 100 of them admit more than 50% of the students who apply. There are only about 70 that admit fewer than a third of their applicants.

In other words, the schools most Americans attend admit most of the people who apply to them.

The fact that the Court’s ruling will have a limited effect does not, of course, excuse a decision that race cannot be considered, but legacy status, recruited athlete status, and financial aid eligibility—aka  “affirmative action for Whites”– can.

Americans make competing arguments about affirmative action in college admissions: defenders point to the undeniable educational benefits of diversity in the classroom and  the persistent effects of this country’s history of racial injustice; opponents point out that perceptions of favorable treatment diminish recognition of individuals’ accomplishments, and that race is no longer a clear proxy for disadvantage (should a Black doctor’s son who attended cushy private schools have a “leg up” over a poor White applicant?)

The fact that most perceptions about admissions aren’t accurate–I’ve served on admission committees–doesn’t mean they aren’t damaging.

The Court’s decision reminded me of a long-ago discussion with a relative. She was about my age, and we both had sons who were entering college. She was incensed that one of her sons had failed to gain admission to a particular, competitive school (I no longer remember which one), and attributed his rejection to affirmative action. If there wasn’t “favoritism for ‘those people,’ she was absolutely convinced her son (who was actually pretty unimpressive) would have been accepted.

I’ve read bits and pieces of the dissents, and–as a lawyer–find them persuasive. But as we’ve seen with other decisions of this radical Court, nuanced  legal arguments rarely translate accurately into the ensuing political and social debates.

As the months pass, I may revise my current assessment of the impact of this decision, but right now, here’s what I see:

  • People like my relative will be deprived of an argument that they use to justify their (already obvious) racial grievance.
  • America’s changing demographics–a change that has already triggered the nasty expression of overt bigotries–will ensure the continued diversity of the great majority of university classrooms–especially as so many colleges are seeing fewer applicants and experiencing fiscal challenges.
  • The impact of the decision will fall almost entirely on the elite institutions that produce the most privileged members of American society. The Chief Justice’s ruling (aptly described by Justice Jackson as a “let them eat cake” decision) will protect his alma mater and other elite universities from the equalizing effects of a more diverse student body.

The truth is, those elite universities are already experiencing what has been called the “gamification” of admissions. Families with the means to do so have engaged in multiple efforts to assure their offsprings’ success, from coaches to help with essays and SAT preparation, to actual bribes that led to jail terms for some celebrity parents.

What would a fair process look like? After all, the use of race–or legacy status, or athletic prowess, or wealth–is almost always applied to a pool of applicants all of whom are eligible for admission. Arguments about merit are beside the point–these schools get many more applicants who meet or exceed their criteria than they can admit. The issue is: when you have identified 200 students who can clearly do the work, and you have room for only 100, how do you decide which ones to admit?

One of the better suggestions would substitute socio-economic status for race; given the continued structural racism of American society, Blacks should be well represented in an underprivileged cohort. (Letting more poor kids of any color into Harvard and Yale would certainly increase diversity…)

According to survey research, a majority of Americans oppose affirmative action in higher education. Much of that opposition is because people don’t understand how it actually works, but there’s no denying that a lot of it is simple racism and a defense of privilege.

Meanwhile, a rogue Court continues to eviscerate legal precedent, with consequences that will likely extend far beyond the issues of the cases being decided…

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Who Do You Debate?

In a recent column in the New York Times, Michelle Goldberg raised a thorny but important issue: should liberal publications engage in affirmative action for conservatives?

The impetus for the question was a decision by The Atlantic to hire a conservative writer whose opinions would seem to place him outside the bounds of civil discourse.

The progressive objection to Williamson lies in the demeaning ways he’s written about poor people, black people, women, and trans people. He described an African-American boy in East St. Louis sticking out his elbows in “the universal gesture of primate territorial challenge.” Defiantly using male pronouns in a piece about the trans actress Laverne Cox, Williamson wrote, “Regardless of the question of whether he has had his genitals amputated, Cox is not a woman, but an effigy of a woman.” Feminism, he wrote, is a “collection of appetites wriggling queasily together like a bag of snakes.” He tweeted that women who have abortions should be hanged, later clarifying that while he has doubts about the death penalty, “I believe that the law should treat abortion like any other homicide.”

The decision to bring a “conservative voice” in-house is understandable–even commendable. After all, progressives insist that dialogue is good, that minds must be open, that all ideas deserve to be considered. The term “liberal” once denoted open-mindedness and the willingness to engage people with whom one disagreed. But Goldberg’s question goes to the heart of our current political dilemma:

[Atlantic’s] hiring has set off the latest uproar over which conservatives belong in the opinion sections of elite mainstream publications, including, of course, The New York Times. These controversies are, naturally, of particular interest to people who write for opinion sections, and so receive disproportionate media coverage. But there’s a broader significance to these recurring fights, because they’re about how we decide which views are acceptable at a time of collapsing mainstream consensus. The intellectual implosion of the Republican Party, it turns out, creates challenges for liberals as well as conservatives, because suddenly it’s not clear which views a person who aspires to fair-mindedness needs to grapple with.

This issue isn’t limited to publications. Universities are constantly being criticized because a preponderance of faculty–especially at more rigorous institutions–lean left. The accusation is that conservative scholars are subjected to discrimination.

The reality is considerably different–academics are pathetically eager to demonstrate even-handedness, and most of us who participate in search committees would be deliriously happy to discover that a highly qualified candidate was politically conservative.  (In some schools, like business, that does happen.) But search committees look first and foremost for evidence of sound scholarship–and in many fields, the candidates with the impressive resumes tend to be liberal.

Just as the university isn’t going to hire a science professor who insists the earth is flat or evolution is a myth, a reputable opinion journal is courting disaster by failing to distinguish between a philosophical conservative and a purveyor of conspiracy theories and/or racial resentments. These days, it’s hard to find a conservative who hasn’t been co-opted by Trumpism.

As Goldberg notes, it used to be that in order to understand national politics, you had to understand certain conservative ideas.

Trump put an end to that. The field of ideas has gone from being the ground on which politics are fought to a side in politics, which is why it’s so difficult to find serious intellectual Trump defenders. Trump has resentments and interests, but not ideology; he governs more as a postmodern warlord than a traditional party leader. Few things signal the irrelevance of ideas to his presidency like the appointment of John Bolton as national security adviser. Bolton’s relentless advocacy of regime change contradicts the isolationism Trump touted during the campaign. Trump called the Iraq war a “disaster”; Bolton is one of few who continue to defend it. Yet Bolton’s appointment isn’t discordant, because he and Trump are both belligerent bullies, and in this administration stylistic similarities matter more than policy details.

Inasmuch as there are ideas bound up with Trumpism, they are considered too disreputable for most mainstream publications. An opinion section that truly captured the currents of thought shaping our politics today might include Alex Jones, the conspiracy-mad Sandy Hook truther; the white nationalist Richard Spencer; and CliffsNotes fascist Steve Bannon.

The problem is, liberals need to engage with genuine conservatism. Just as the absence of a reputable Republican Party allows Democrats to become fragmented and intellectually lazy, liberal ideas need to be sharpened (and sometimes defeated) by contrary insights.

Giving a platform to people based upon their self-identification rather than their ability to articulate and defend a genuinely conservative point of view does conservatives–not to mention Americans– no favor.

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Tell Me Again It Isn’t All About Race

The latest polling has Donald Trump at 33% approval. Most of the rest of us find it incomprehensible that anyone approves of this profoundly damaged and embarrassing man or his Keystone Kop administration. The folks that Molly Ivins used to call the “Chattering Classes” have filled column inches, airwaves and much of the Internet with efforts to explain his election and the continued loyalty of his rabid base.

The more I read, the more convinced I become that Trump owes that victory and that loyalty to what scholars delicately term “racial resentment.” There were certainly lifelong Republicans and Hillary haters who held their noses and voted for him; their defections account for the steady erosion of his support.  His remaining base, however, is composed of the people who understood that “Make America Great Again” was (none-too-subtle) code for “Make America White Again.”

As his poll results decline and his troubles mount, Trump needs to feed and energize that base. So his administration is ratcheting up his war on immigrants (especially brown and Muslim ones), throwing some red meat to anti-Semites, and promising to protect those poor, oppressed white people from “reverse” discrimination.

As Paul Waldman writes,

To many people reading this, the idea that white people are being discriminated against in higher education — or anywhere else — is absurd. The idea that discrimination against whites is such a significant problem that it demands Justice Department action is positively ludicrous. But we should understand that this is exactly the kind of thing many of Trump’s voters wanted him to deliver. And the administration will be only too pleased to hear the condemnations from the left over this initiative.

That’s not to say that the policy doesn’t have its origins in Attorney General Jeff Sessions’s sincerely felt belief that white folks can’t catch a break in America. I’m sure it does. But it’s also part of a long and extraordinarily successful Republican project to convince white voters that minorities in general and African Americans in particular enjoy a panoply of free benefits from the government that make their lives comfortable and easy. It’s a lie, but it’s extraordinarily widespread.

Waldman reminds us that regular viewers of Fox News, readers of Breitbart, and fans of Rush Limbaugh and his ilk are constantly inundated with “evidence” supporting white racial grievance. It’s a central theme in the media that shapes conservative reality.

Hate groups and so-called “alt-right” organizations have grown dramatically since the Presidential campaign–a campaign that saw Trump endorsed by the KKK, David Duke and other panicky “race warriors” who had slithered from under their rocks to revile and demean an African-American President.

The Guardian recently reported on a gathering in Tennessee of one such group.

This weekend, American Renaissance held its annual conference at a venue in Montgomery Bell state park, an hour west of Nashville, Tennessee. Attendees and speakers clearly felt a growing confidence. They have seen appreciable growth in membership of established and emerging far-right groups. They have also seen the election as president of Donald Trump.

Speakers at the event addressed subjects including “Race realism and race denialism” and “Has the white man turned the corner?” One considered “The Trump report card – so far”….

Many were millennials. Though all attendees wore conference dress code – jacket and tie – more than a few younger men sported the “fashy haircut”, short back and sides with a severe parting, which has become a signature of the so-called alt-right.

Many such young men lined up for selfies with Richard Spencer, the president of the white nationalist National Policy Institute thinktank who has achieved fame since greeting the election result with a cry of “Hail Trump”.

This resurgence of open, unapologetic racism is profoundly depressing. Like most sentient Americans, I realized that these attitudes still existed, but I’ve been appalled by how widespread and overt their expression has become in the Age of Trump.

When Trump’s poll numbers finally bottom out, we’ll have a pretty good idea what percentage of our fellow citizens are willing to jettison American ideals in return for continued White Christian privilege.

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