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David Bernstein

David Bernstein

David Bernstein

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"Some former Bush officials, however, believed that the Justice Departments failure to pursue the New Black Panther Party case resulted from top Obama administration officials ideological belief that civil rights laws only apply to protect members of minority groups from discrimination by whites. Department spokeswoman Tracy Schmaler denied any such motives. She asserted that "the department makes enforcement decisions based on the merits, not the race, gender or ethnicity of any party involved". But an anonymous Justice Department official told the Washington Post that "the Voting Rights Act was passed because people like Bull Connor [a white police commissioner] were hitting people like John Lewis [a black civil rights activist], not the other way around". The Post concluded that the New Black Panther Party case "tapped into deep divisions within the Justice Department that persist today over whether the agency should focus on protecting historically oppressed minorities or enforce laws without regard to race". The Office of Professional Responsibilitys report on the case found that several former and current DOJ attorneys told investigators under oath that some lawyers in the Civil Rights Division dont believe that the DOJ should bring cases involving white victims of racial discrimination. The report also found that Voting Section lawyers believed that their boss, appointed by President Obama, wanted them to bring only cases protecting members of American minority groups. She phrased this as having the section pursue only "traditional" civil rights enforcement cases. Her employees understood that by "traditional" she meant only cases involving minority victims."
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David Bernstein
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"Researchers discovered that for a given cohort of law school graduates, there was a massive disparity between those who listed themselves as Native American lawyers on the census (228) and the number of self-identified Native Americans who graduated law school over that same time period (2,610). In other words, over ten times as many people claimed to be Native American when they applied to law school than identified themselves as Native American lawyers once they graduated."
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David Bernstein
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"In early 2014, the Department of Justice and Education issued guidelines pressuring public school districts to adopt racial quotas when disciplining children. The basis for this guidance was studies showing that black children were over three times more likely to face serious punishment--suspension or expulsion--for misbehaving at school. The government concluded that school districts were engaging in massive illegal discrimination against black students. In fact, however, the government had no basis for its conclusion. The Supreme Court has explicitly stated that racial disparities in punishment do not by themselves prove discrimination, as they may just be consistent with the underlying rates of misbehavior by each group. There are no valid statistics (and the government hasnt cited any) from which one can infer that black students and white students would be expected to engage in serious misbehavior in school at the same rate. Unless there is some reason to expect kids to behave completely differently at school than outside of it, the school discipline figures are in line with what one would expect. African-American minors are arrested outside of school for violent crime at a rate approximately 3.5 times their share of the population. Moreover, as former Department of Education attorney Hans Bader notes, the governments own statistics show that white boys were over two times as likely to be suspended as their peers of Asian descent. By the governments logic, this means, absurdly, that school districts must be discriminating against white students and in favor of Asians. As of this writing, Minneapolis education authorities have announced their intention to end the black/white gap in suspensions and expulsions, a plan that struck many observers as announcing the imposition of quotas on school discipline."
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David Bernstein

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