Update: Some Perspective On Justice Scalia’s “Racist” Question About Affirmative Action

Big fish, meet small pond...

Big fish, meet small pond…

Ethics Alarms recently discussed the unfair attacks on Justice Scalia, now even extending to calls for his resignation, for his legitimate question in oral argument about whether black students accepted into elite schools via affirmative action might be better off being able to excel in less competitive institutions. The question was not racist, reflecting common sense, nor was it necessarily Scalia’s position, as it was an argument raised in one of the briefs on the case. Never mind: much of the media still characterizes the query as outrageous, and social justice warriors are trying to make the episode out to be smoking gun evidence of Supreme Court bias in anticipation of a negative ruling in the case regarding affirmative action.

As the Daily Beast reveals, however, there is a much better explanation than racism for why Scalia might find the argument powerfully supported by the research of Richard Stander and Stuart Taylor in their book “Mismatch” compelling. Young Nino Scalia was a star in elementary school, but failed the entrance exam for the Jesuit High School in Manhattan. His father told him that he might ultimately be better off at a less competitive school where he could shine, and that’s what happened.  Scalia later graduated first in his class at a less prestigious high school. Then he was rejected again when he applied to Princeton University.  Again he took a step down, attended Georgetown University instead, and was first in his class. Continue reading

Race-Baiting Scalia (For Doing His Job)

Ignore them, Nino.

Ignore them, Nino.

As is often the case with topics here, I heard about the uproar over Justice Antonin Scalia’s controversial question during oral argument on the latest challenge to affirmative action accidentally, when a Facebook friend re-posted a furious message from his friend calling Scalia a moron and a racist. Even reading a second hand account of what somebody read that Scalia said (the transcript hadn’t been released, but never mind: that was enough for my friend’s African-American friend to call a Supreme Court Justice a racist and for my friend, who is a liberal-minded professor, to endorse it), I could tell that the attack was unfair and worse, outright race-baiting.

What Scalia was alleged to have asked a lawyer was whether affirmative action actually hurt blacks by putting them in “more advanced” institutions, that they “don’t belong” in elite schools. I knew, no matter what Justice Scalia really said, that he was talking about some blacks, not all blacks. That’s obvious: if an African American student can be admitted to an elite school without the “thumb on the scale” of affirmative action, obviously he or she is qualified and belongs there. But more importantly, I knew from personal experience that being admitted to a top school when the student’s credentials wouldn’t normally warrant it could be disastrous.

I worked in the administration of Georgetown Law Center in the late seventies and early eighties, as the school was trying to increase its percentage of black students. I was involved in the process sometimes, and was stunned by its unfortunate revelations: for example, some of the black students we accepted from elite colleges lacked basic reading, writing and critical thinking skills. I remember one Yale grad in particular who could not write a comprehensible sentence.

Georgetown Law set up a special class for these minority students (and a couple of  white “legacy” admits who were sons of wealthy alums, one of which I had specifically told his father could not possibly graduate, based on his college grades and test scores.) Then the school was sued by one of the affirmative action students, who claimed that making him take the remedial class was demeaning and racist. Of course he would have been better off in a less demanding law school. Affirmative action did none of these students any favors. In my opinion then and now, their welfare, confidence and self-esteem was  sacrificed so Georgetown could look progressive, and to the dubious objective of diversity for diversity’s sake.

It wasn’t just my Facebook friend’s friend that was bashing Scalia as a racist. It was much of the news media. “Justice Scalia Suggests Blacks Belong at ‘Slower’ Colleges” reported Mother Jones. “Scalia: Maybe black students belong at ‘less-advanced’ schools” reported The Hill. MSNBC’s slur was Justice Antonin Scalia floats ‘lesser schools’ for black students.  A New York Times editorial—the paper has, it appears, lost its mind– said that Scalia raised an “offensive premise which has not gotten such a full airing at the Supreme Court since the 1950s.” The New York’s Daily News  headlined“SUPREME DOPE” over a photo of Nino. Continue reading

When Race-Sensitivity Becomes A Pathology: The Case Of Kevin Durant’s Shoes

The offensive shoes, and even though they cost $180, the offense is not the shoes...

The offensive shoes, and even though they cost $180, the offense is not the shoes...

NBA star Kevin Durant, who grew up in Maryland’s majority African American Prince George’s County, put both his initials and those of his home community on Nike’s  “KD8 PG County” model basketball shoe. Rather than being grateful or feeling honored, however, many in the community are complaining that Nike, and Durant, has “offended” the area.

“As you can imagine, we are very proud of the success of Prince George’s County native Kevin Durant, and the pride that he has in growing up in the county,” the office of County Executive Rushern L. Baker III (D) said in an e-mail sent to Nike. “We do want to make the Nike corporation aware that ‘P.G.’ is a term that many in Prince George’s County consider pejorative and/or an insult.”

What? I’ve lived in the Washington, D.C. area for decades and heard the county called “P.G.” and “Prince George’s” interchangeably without comment. Now the County’s initials are offensive?

Explains the Washington Post: “Insiders” say the initials could just as easily stand for “Pretty Ghetto” or “Pretty Grim.”

Oh.

Of course, “P.G.” could also just as easily stand for Poor Godzilla, Putrid Gin, Parsimonious Greeks, or Penis Garnish.

Kevin Durant, who is black, decides to give his community a call out and gets slammed for it by activists and race-baiters who are actively searching for ways to elevate themselves, manufacture publicity and influence, and gain the power of the victim.

A group that is perceived—accurately in too many cases—to be so determined to find racial offense that its allies, supporters,  friends and in this case, members must be constantly vigilant and wary to avoid being accused of offense will eventually find their one-time allies sympathy replaced by resentment.

Who in their right mind want to deal with people who are looking for ways to call them bigots? There is a limit to how tolerant society will be of the “microagression” game, and there should be.

Racial sensitivity is edging toward racial super-sensitivity, and that will eventually become a handicap—a self inflicted one—if it hasn’t already.

I Don’t Understand: Why Doesn’t The Life of Donald E. Gates Matter To Black Lives Matter?

GATES

This week, a federal jury found that District of Columbia. police framed Donald E. Gates, an innocent man, for a 1981 rape and murder of a 21-year-old Georgetown University student.  Gates, who is African American, was imprisoned for 27 years. Two days after the verdict, the city settled with Gates for $16.65 million in damages.

The trial determined that two D.C. homicide detectives,Ronald S. Taylor and Norman Brooks, both now retired, largely fabricated  the confession Gates was supposed to have made to a police informant. The detectives also withheld other evidence from Gates’ defense attorney. You can read the whole horrible story here.

There are a couple of aspects of this story, and others like it, that I don’t understand at all.

One is this: why aren’t the two detectives going to prison? Their conduct has cost the city’s taxpayers eight figures in damages, it has already cost an innocent man the prime of his life, and what is their penalty? I would support capital punishment for police like these. Destroying a man’s life, breaching a public duty, shredding public trust, using the law for evil— few murders do so much damage. It makes no sense for there not to be life imprisonment, execution, something to announce to the community that police and law enforcement officers will and must be held to the highest standards, and suffer greatly when they fail to meet the lowest. From what I can tell, these evil detectives—that’s a fair description, isn’t it?— aren’t even going to lose their pensions. Continue reading

Desperately Seeking A Justification For The Unjustifiable Mizzou Meltdown, And Failing

protest-mizzou

Yesterday, the Washington Post’s Janelle Moss, an African American issues columnist, presented an aggressive, dishonest and insulting justification for the destructive black student protests at the University of Missouri. In an earlier essay, I described them as an “I’m mad at the world and somebody has to pay for it” tantrum. I’m sticking by that description, despite the ennobling spin being put on it by apologists, many of whom are trying to blunt the damage being done to civil rights advocacy by the events of the last several days.

[N]owhere in this still-young week has there been a better example of the tension between the conservative and liberal views of race and the politics around it than behind the podium where University of Missouri President Timothy M. Wolfe stood and resigned Monday,” she wrote.  This is setting up Wolfe’s speech as a straw man. He was forced to resign, and ordered to do it without making matters worse. He was also protecting himself, and, I believe, was a weak and inept leader. How nice to be able to take a hastily written statement by such a dubious representative of any group and declare it the exemplar of “conservative views on race.”

Moss’s introduction was smoking gun proof that this was an example of an advocate picking out evidence to support what she already was committed to supporting, and atrocious evidence at that.

“The Fix is aware that some Americans are inclined to reject, outright, the idea that some words — those that we choose to express our ideas, what we say at critical moments and that which we do not mention — have deeper, often multi-layered meaning, ” she writes.  I don’t know what she thinks she is saying. “Many Americans” reject the idea that words have meaning? “Multi-layered” meanings? Who? Who believes that? What she is trying to do is to justify her next “proof,” which is junk science.

She consulted two minority social scientists, who have clear biases of their own (but coincidentally aligned with hers)  to psychoanalyze what Wolfe said in resigning, and allowing her to use their self-serving diagnosis (one has a book out about “dog-whistle” racism; the other makes his living writing and teaching about how racist the U.S. is) of a short and quickly composed speech to read not just Wolfe’s thoughts but to attribute them to all “conservatives.” The result is, or should be embarrassing. Continue reading

Two Stories To Look Back Upon Ruefully When The Nation Has Gone To Pot And It’s Too Late To Reverse Course

Once heroin is legal, there will be no more heroin problem...

Once heroin is legal, there will be no more heroin problem...

One of the horrible results of the coming election—not as horrible as the possibility of electing Ben Carson, Hillary Clinton, Bernie Sanders or Donald Trump President, perhaps, but horrible still—will be the nation’s final capitulation to the movement started in the 1960’s to keep the country, the culture and the poor stoned. Cognitive dissonance will ensure it on the Republican side, as opponents to legal pot will be the same old fogeys who proclaim that gay marriage will destroy the earth, causing a valid and correct argument to be destroyed by a senseless one. Others in the party, caring about staying in power more than our society’s welfare, will just give in, citing the usual ethically inert rationalizations that legalizing drugs is the lesser of two evils and that we need to use treatment, not punishment. Meanwhile, Democrats will pander to its pot-loving base, while also stumping for state governments legalizing the crap to close budget deficits created by their fiscally irresponsible policies. Heck, even I would rather see the pot industry taxed instead of me.

And we will be bombarded by the pairing of pot legalization with the allegedly racist “mass incarceration problem,” which is really and truly the “too many African Americans break laws and expect to get away with it because their parents and culture don’t send the message that its a big deal” problem. The big deal they, and we, are now being told is that they get punished for breaking laws, which is racist because Black Lives Matter.

I was in court watching sentencings a couple months back in Northern Virginia. While the crimes the defendants being sentenced for were not drug related, every single one of those sentenced–-every one—had either  a pot charge dropped in favor of a guilty plea for a more serious crime, had record of drug arrests, or had tested positive for pot during while awaiting sentence or on parole. Bernie and Hillary and the gang (the gang including journalists, who like their weed) would have us believe that the prisons are just teeming with otherwise law-abiding black citizens who are there because they engaged in harmless recreational drug use and nothing else. The new paradigm, pushed by the President (of course), is that prison should only be for violent felons, not habitual scoff-laws who often dabble in violence too.

Ah, yes, this is all going to work out so well.

I  encountered two stories on the web that show the path we are on as well as the muddled thinking and dishonesty that got us there. Continue reading

University of California at Berkeley Law’s “Critical Mass” Policy: Segregating Classes In Order To Integrate Them

OK, that's enough of you in THIS section...

OK, that’s enough of you in THIS section…

This is an example of how diversity and affirmative action ideology brings devotees to madness.

In an effort to create a more positive experience for underrepresented-minority students,

The University of California Berkeley School of Law has instituted what it calls  a new “critical mass” policy. As in many law schools, first year students are divided into smaller sections, or “mods,” in which first-year law students take their classes. This year, the administration juggled the composition of the mods to have  more underrepresented-minority students in all but one, in order to create a “critical mass.” To reach critical mass in the other mods,  one mod had to be stripped all of black students. Berkeley Law Dean Sujit Choudhry sent an email to the law school community explaining that the policy is intended to create a more positive experience for underrepresented minorities by grouping them together to create that critical mass.

In setting political districts, this technique is called gerrymandering, and is widely considered racist. Removing all the black students from one section and placing them all in another, super-comfy, all-black section would be called apartheid. Yet this ultra-liberal university has convinced itself that manipulating class composition by race is a benign policy.

Wow.

What else have they convinced themselves of? Let’s see: Continue reading

“Kill The Messenger” And The CIA Crack Story Ethics Train Wreck

I finally saw the 2014 docudrama “Kill the Messenger,” which completed—I hope—the passenger list for a 30-year-old Ethics Train Wreck.

The film purports to be the true story of Gary Webb, the San Jose Mercury News reporter who wrote the sensational “Dark Alliance” series of investigative reports in 1996. The series attributed the inner city crack cocaine explosion in part to Nicaraguan anti-government Contra rebels in  the 1980s funding their efforts by drug smuggling and sales, all with the knowledge and assistance of the  CIA. The agency, the series claimed, was acting to support the Contras despite Congress rejecting the Reagan administration’s request for aid. Like most Hollywood accounts of anything, the film distorts and misrepresents facts to make a better story. Unfortunately, Webb’s story is made more dramatic by making him out to be a tragic hero and victim of a sinister alliance between the mainstream media and the U.S. Government. That’s not exactly true, fair or accurate, and in this matter, affirmatively harmful.

The fastest way to survey this particular Ethics Train Wreck is to list the distinguished passengers, more or less in order of boarding: Continue reading

Lee Daniels’ Ugliest Race Card

Lee Daniels---one more celebrity we can safely ignore forever.

Lee Daniels—one more celebrity whose pronouncements we can safely ignore forever.

African-American “Empire” star Terrence Howard, recently admitted in an interview that he struck his first wife. The big controversy is over whether he hit her with his fist or with an open hand–so what? Quibbling about his mode of physical abuse is inherently offensive. He hit her. Howard also hit second ex-wife Michelle Ghent, who filed a restraining order against him and was photographed with a black eye in 2013. Howard claims this was self-defense.

Okay, let’s accept that.

He hits his wives.

Lee Daniels, who placed his name in front of his film “The Butler”—even Orson Welles wasn’t that much of an egotist—and is “Empire’s” co-creator, came to his star’s defense in a recent interview with The Hollywood Reporter. “That poor boy,” Daniels said. “[Terrence] ain’t done nothing different than Marlon Brando or Sean Penn, and all of a sudden he’s some fuckin’ demon That’s a sign of the time, of race, of where we are right now in America.”

The toxic values and warped perception inherent in that comment are staggering. Continue reading

Ethics Heroes: 64% Of African-Americans. There Is Hope!

black-lives-matter

From The Hill:

Two out of three black people prefer the term “all lives matter” to “black lives matter,” according to a Rasmussen poll released Thursday. Only 31 percent of black people surveyed said that the statement “black lives matter” most closely comports to their own beliefs, compared to 64 percent who chose “all lives matter.”Seventy-eight percent of total respondents also chose “all lives matter,” including 81 percent of white and 76 percent of minority respondents, according to the poll.

Now that is genuinely good news, and after the last couple Ethics Alarms posts, I bet you needed some.

Quick, you pandering, pusillanimous, finger-in-the-air, weak-kneed, race-baiting politicians like Martin O’Malley—better retract those apologies for not flagging down the racist #BlackLivesMatter train to board fast enough…at least until the next poll, then you can flip again.

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Pointer: Instapundit.