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Ben Weingarten

Federalist Senior Contributor; Claremont Institute Fellow

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Affirmative action ruling is correct and start of greater culture war

Jul 11, 2023

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The landmark Supreme Court ruling banning race-conscious admissions practices at U.S. colleges and universities has sharply divided the parties in Washington. President Biden said this Supreme Court has “done more to unravel basic rights and basic decisions than any court in recent history.” Justice Clarence Thomas, in his concurring opinion, wrote that the Constitution declares the color of a person’s skin should be irrelevant to their treatment under the law.

Straight Arrow News contributor Ben Weingarten agrees with Justice Thomas’ assessment and goes further. Weingarten argues the Court’s ruling represents the beginning of a much greater culture war against the woke movement.

The Supreme Court’s decision in Students for Fair Admissions v. Harvard, which barred affirmative action and admissions at schools receiving government assistance, was both legally and morally correct.

In a free society that believes in equality, people should be judged on their merits, not their skin color. So, that America’s ruling class from President Joe Biden on down recoiled in horror at the ruling, melting down, was telling. It showed that as good anti-racists, they believe in discriminating on the basis of race, supposedly because they want to right past wrongs and pursue equity, by which they mean they want to engineer social outcomes so that people are represented in every aspect of life proportionally, by identity. Whatever this does for the beneficiaries of the discrimination, and the victims of it, at minimum this effort empowers the social engineers.

Equity as opposed to equality is central to the DEI regime elites have imposed on the country. It’s literally the E in DEI.

In theory, the Supreme Court’s jurisprudence threatens to topple that regime, or at least state sponsorship of it. In practice, as can be seen in Harvard’s instant response to the ruling telegraphing that it would use proxies for race to maintain a de facto affirmative action program, our elites will do everything possible to skirt the ruling.

The Supreme Court’s decision in students for fair admissions V. Harvard, which barred affirmative action and admissions at school is receiving government assistance was both legally and morally correct. In a free society that believes in equality. People should be judged on their merits, not their skin color. So that America is ruling class from President Joe Biden on down, recoiled in horror at the rolling melting down was telling. It showed that his good anti racist, they believe in discriminating on the basis of race, supposedly because they want to write past wrongs and pursue equity by which they mean they want to engineer social outcomes so that people are represented in every aspect of life proportionally, by identity, whatever this does for the beneficiaries of the discrimination, and the victims of it. And minimum, this effort empowers the social engineers. Equity as opposed to equality is central to the DEI regime elites have imposed on the country. It’s literally the E in Dei. In theory, the Supreme Court’s jurisprudence threatens to topple that regime, or at least state sponsorship of it. In practice, as can be seen in Harvard instant response to the ruling telegraphing that it would use proxies for race to maintain a defacto affirmative action program. Our elites will do everything possible to skirt the ruling. So in order to uphold its letter and spirit to defend the equal protection clause of the 14th amendment on which it is based, and more broadly, the unalienable rights of the smallest minority, the individual lawmakers, litigators and liberty and justice loving Americans must act. A recent amendment to a key bill which preceded the courts affirmative action decision should serve as a starting point of a broad based effort in law, law, fair and culture to rollback what amounts to state sanctioned racism and restored genuine civil rights. The amendment offered by Republican rep Jim banks of Indiana to the 2024 National Defense Authorization Act prohibits the military from using race or gender as a factor in recruitment and mandates that the military base accession assignment selection or promotion decisions on merit. It’s amazing that this kind of law might be necessary. How can the government based hiring or promotion on these baseless grounds and when it comes to the military who serves and what rank they reach are literally matters of life and death. The very survival of our country depends on fielding the strongest and smartest fighting force possible, period. But of course, the entirety of our national security and foreign policy apparatus, like the rest of our government, which is populated overwhelmingly with progressives has gone woke. President Biden has codified this effort, including through two executive orders, mandating that every part of the government work to affirmatively advance equity. The wokeness in the military has manifested itself not only in extremism, stand downs and recommended reading list featuring leading anti racists who support racial discrimination, like Ibram X kendi, or the celebration of maternity flight suits or transgender majors, but in diversity and inclusion directives and similar policy documents, pushing for changes to the composition of the armed forces by race and sex, some even setting explicit recruitment targets by these factors. Congressman banks in writing in support of his amendment said that the Biden Defense Department’s quote, indefensible, race and gender based treatment of servicemembers is making our military weaker and our nation less safe. He urged anti woke legislators to continue combat and quote the Biden administration’s radical attempts to deny Americans equal protection under the law. The amendment was one of the battery banks brought to combat military woke ism. That effort is part and parcel of what his house anti woke caucus is trying to do more broadly, to rip woke ism root and branch out of the federal government through seeking to defund work programs and terminate them. These anti woke initiatives are a model for what legislators at the state and local levels as well ought to be doing to make the court’s ruling not only durable, but far more wide reaching. Every legislative body should be passing laws to ensure that not a single penny of taxpayer dollars, nor any other government granted privileges are given to those institutions that discriminate in ways that violate the equal protection clause of the 14th amendment. Governments and every institution they touch should be driven by one thing and one thing alone, excellence, judging people based on their skills, abilities and ambitions, rather than on the basis of their identities, has the virtue of not only being the right thing to do, but the prudent thing to do, particularly in areas like the military or medicine, where lives are at stake. Congressman bank said in the wake of the students for fair admissions V. Harvard decision that it was just the beginning of eliminating race as a determining factor for success in our military, federal government and boardrooms across the country. And the anti woke caucus will be at the front of that fight to restore a colorblind meritocracy. He’s right. The rolling should be seen as the conclusion of the decades long effort to end affirmative action, but only the start of a much greater culture war for America’s once hollowed instead. tuitions since hollowed out by regressive racialism and woke ism

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