Race & Ethnicity

It's Not All Bad News with the GOP and Latinos

pamhule/Flickr
If comprehensive immigration reform were guaranteed to give votes to Republican politicians—and presidential candidates in particular—there would be no argument about passing it in the House of Representatives. It would be a done deal. But there’s a real question as to whether Republicans will reap any gains from passing the bill, or at least enough to outweigh their skepticism for some of its provisions. David Brooks is on the side of those who want a bill, and in his column this morning, he warns that Republicans are dooming themselves to irrelevance by opposing reform: Before Asians, Hispanics and all the other groups can be won with economic plans, they need to feel respected and understood by the G.O.P. They need to feel that Republicans respect their ethnic and cultural identity. If Republicans reject immigration reform, that will be a giant sign of disrespect, and nothing else Republicans say will even be heard. Whether this bill passes or not, this country is heading toward a...

Affirmative Action's Ominous Future

AP Photo/Paul Sakuma
AP Photo/Charles Dharapak O ne thing the three most anticipated cases of the recently completed Supreme Court had in common: They left the big questions unanswered. Hollingsworth v. Perry , by ducking the question on jurisdictional grounds, left the constitutional status of state bans on same-sex marriage unresolved. Shelby County v. Holder theoretically permitted Congress to update the preclearance formula to put the teeth back into the Voting Rights Act. However, the Court gave lower courts and future Supreme Courts no useful guideline for how Congress could proceed. (Admittedly, the answer for how Congress can constitutionally proceed, at least for the Roberts Court, is almost certainly "it can't.") The term's clearest passing of the buck was the decision in the affirmative-action case, Fisher v. University of Texas . While many people (including me) expected the Court to use the case as a vehicle to declare virtually all affirmative action in public higher education...

All Tomorrow’s Parties

Gay Equality 1, Civil Rights 0 – join us in wondering how to celebrate this Fourth of July. (Hint: not by seeing Johnny Depp’s new movie, that’s for sure.)

AP Photo/The Omaha World-Herald, Brynn Anderson
AP Photo C all it coincidence, but my bedside reading for the past couple of weeks has been the new two-volume boxed set of the Library of America’s Reporting Civil Rights . Awe-inducing and frequently thrilling, this monumental anthology of on-the-scene coverage of the fight for black equality features contributions by scores of writers, some rightly renowned—James Baldwin, Garry Wills, et. al.—and some unjustly obscure. Part One deals with the years 1941-1963; Part Two tackles the pressure-cooker decade that followed King’s “I Have A Dream” speech. Each volume also includes a sheaf of photographs, primarily of the writers themselves at the time. They’re often evocative ones, even if the era’s great photojournalism—no less worthy of commemoration—gets short shrift as a result. Anyway, I won’t pretend I’ve made much more than a dent in the set’s almost 2,000 pages. But that’s not the point, since Reporting Civil Rights could easily keep my idle hours occupied until Christmas. (Not...

Class-Based Affirmative Action Is Not the Answer

Economic diversity is just as irrelevant to actual equality as racial diversity has been.

 

AP Images/Charles Rex Arbogast
AP Images/Charles Rex Arbogast T he reason affirmative action matters is not because of the possible educational benefits of diversity but because it raises a more fundamental question: do race-conscious admissions policies amount to unjustifiable discrimination against white people or are they an appropriate response to both past and present discrimination against black people? But even though racism against blacks and Latinos remains a real issue in American society (the idea that whites are also its victims is a joke the Supreme Court has never gotten), the fundamental inequalities in American life today—the rich getting richer while the poor get poorer—are not produced by discrimination and cannot be resolved by anti-discrimination. And affirmative action—whether class-based or race-based—is only a way of buttressing those inequalities. As is, indeed, the entire emphasis on education as the key to a more economically just society. In other words, the reason both affirmative action...

Four Lessons Learned from This Year's Stuffed Supreme Court Docket

flickr/quinn.anya
(AP Photo/J. David Ake) A momentous Supreme Court term concluded on Wednesday with historic decisions on same-sex marriage. But while the previous term will be forever defined by the Court's narrow upholding of the Affordable Care Act, the 2012-3 term had an unusual number of important decisions for a contemporary court. There are several important lessons to take from the term as a whole: On Civil Rights and Liberties: One Step Up, Two Steps Back. As Philip Klinkner and Rogers Smith observed (among many others) in their book The Unsteady March , progress on civil rights isn't a linear progression in which things start off terribly and keep getting better. Progress achieved in one generation can be substantially rolled back in the next; civil rights often advance for some groups while backsliding for others. (World War II catalyzed substantial civil rights advances for African-Americans; Americans of Japanese origin and suspected political radicals, conversely, saw substantial...

The Class-Based Future of Affirmative Action

Progressives must move on from the idea of race-based admissions policies. 

AP Images/Paul Sakuma
Although many liberals have expressed initial relief that the Supreme Court decision in Fisher v. University of Texas did not kill affirmative action outright, when the dust settles it will become clear that the ruling made it substantially harder to justify race-based affirmative-action programs. The Court adopted a new, higher standard, requiring that judges "must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity." Unlike the earlier ruling in Grutter v. Bollinger , the Court won't simply take the word of universities that race is a necessary consideration; universities will receive "no deference" on that issue, the Fisher Court ruled. Procedurally, the Justices simply sent the case back to the lower court, but make no mistake: The ability to use race as a qualification for admission has been scaled back by this decision. Counterintuitive as it may seem, this step back represents a unique opportunity for...

America's Fatigue in the Fight Against Racism

White House
White House “The stated purpose of the Civil War Amendments was to arm Congress with the power and authority to protect all persons within the Nation from violations of their rights by the States,” writes Justice Ruth Bader Ginsburg in her dissent against the five justices who ruled to overturn Section 4 of the Voting Rights Act (VRA) today. The reason for citing this fact of history is straightforward: In it resides the core dispute of Shelby County, Alabama v. Holder , the case decided by the Supreme Court this morning. The Fifteenth Amendment to the Constitution was the last of the three Civil War amendments and arguably the most controversial. It was one thing to emancipate the slaves (the Thirteenth Amendment) or guarantee equal protection under the law (the Fourteenth Amendment), but the Fifteenth granted suffrage to black men, which was a bridge too far for many whites, in both the North and South. To Southern politicians of the time, it was “the most revolutionary measure” to...

The Supreme Court's War on the Great Society

The ignoble American tradition of using "states' rights" to trump real, fundamental human rights carries on with the Roberts Court's decision gutting the Voting Rights Act of 1965.

AP Images/Yoichi Okamoto
AP Images/Yoichi Okamoto The Voting Rights Act of 1965 (VRA) is arguably the most important and successful civil rights legislation passed by the United States Congress. Today, without remotely adequate justification, a bare majority of the Supreme Court cut the heart out of the centerpiece of the Great Society. That this outcome was expected doesn't make it any less outrageous. The key issue in Shelby County v. Holder is the "preclearance" provisions of the Voting Rights Act. Section 4 of the VRA "covers" numerous jurisdictions—predominantly but not exclusively Southern—with a history of vote discrimination and Section 5 of the VRA requires the covered jurisdictions to get approval from the federal government before changing their voting laws. We should start with the explicit constitutional authority for this legislation. The majority opinion asserts that "the Framers of the Constitution intended the States to keep for themselves, as provided in the Tenth Amendment, the power to...

Is Racism Over? The Supreme Court says, "Who knows?"

AP Images/Susan Walsh
For the Supreme Court, the key question in Fisher v. University of Texas was this: “Is diversity in college admissions a compelling interest for the government, and are race-conscious policies a legitimate way of pursuing that interest?” Put another way, is racism over and do we still have to deal with it? To my—and many other’s—surprise, the Court decided to sidestep this question. Rather than support UT’s claim that its race-conscious policies fall within the Court’s standards for affirmative action, or Fisher’s claim that race-consciousness has no place in the business of college admissions, the Supreme Court—in a 7–1 decision written by Justice Anthony Kennedy—sent the case back to the Fifth Circuit Court of Appeals on a technicality. Writing for the majority , Kennedy notes that the University of Texas’ affirmative action plan could only withstand constitutional scrutiny if “no workable race-neutral alternatives would produce the educational benefits of diversity.” The problem...

Los Infiltradores

How three young undocumented activists risked everything to expose the injustices of immigrant detention—and invented a new form of protest. 

Stephen Pavey
Michael May's radio version of this story appeared on This American Life . The photos accompanying this story are drawn from the book by Steve Pavey and Marco Saavedra, Shadows Then Light , that chronicles the undocumented youth movement in words and pictures. W hen Marco Saavedra was arrested for the first time, during a September 2011 protest against U.S. immigration policy in Charlotte, North Carolina, he thought he was prepared. It was what he’d come to do. Still, he was taking a risk. Saavedra is undocumented, and he was aware that the Charlotte police had an agreement with the federal government, under what’s known as the 287(g) program, that gave them the power to apprehend illegal immigrants and turn them over for deportation. Saavedra, who was then 21, had known dozens of undocumented activists who’d been arrested without being deported. But as he was sitting, handcuffed, in a gray-brick holding cell at the county jail, it was hard to suppress the fear. He’d felt it most of...

Whither White America?

Flowizm/Flickr
“Majority-minority” is an unusual term—by definition, minorities are no longer such if they’re in the majority—but it’s a convenient shorthand for what most people expect to happen in the United States over the next few decades. A growing population of nonwhites—driven by Asian and Latino immigration—will yield a country where most Americans have nonwhite heritage, thus “majority-minority.” The most recent analysis from the Census Bureau seems to bear this out. Last year was the first year that whites were a minority of all newborns, and based on current rates of growth, they’ll become a minority of the under–five set by next year, if not the end of this one. Overall, the government projects that within five years, minorities will compromise a majority of all Americans under the age of eighteen, something to keep in mind when trying to project future political support for both parties. There’s more: For the first time in more than a century, the number of deaths among white Americans...

Where Do Americans Stand on Affirmative Action?

Eddie~S/Flickr
Eddie~S/Flickr The last week or so has seen several polls on the popularity of affirmative action, as a preface (of sorts) to the Supreme Court’s anticipated ruling in Fisher v. University of Texas. But major differences between the polls make it difficult to judge where Americans stand on racial preferences One survey from The Washington Post and ABC News, for example, found a huge, diverse majority against “allowing universities to consider applicants race as a factor in deciding which students to admit.” Overall, 76 percent of Americans opposed race conscious admissions, while only 22 percent gave their support. This was consistent among all racial groups: 79 percent of whites opposed using race as a factor, along with 68 percent of Hispanics and 78 percent of blacks. For opponents of affirmative action, this seems to be a welcome sign that the whole of American society has turned against race-based efforts to increase diversity in higher education. But that’s only one poll...

The School-to-Prison Pipeline Works!

Google
Criminal justice reform activists have long argued that the “school-to-prison” pipeline—the process that places children in the criminal-justice system for misbehavior in school—has a destructive effect on future outcomes. A recent working paper from the National Bureau of Economic Research gives a sense of just how destructive. According to economists Anna Aizer and Joseph Doyle Jr., juvenile incarceration—one result of getting caught in the pipeline—drastically reduces the probability of completing high school, and substantially increases the odds of adult incarceration. From the paper: We find that juvenile incarceration reduces the probability of high school completion and increases the probability of incarceration later in life. While some of this relationship reflects omitted variables, even when we control for potential omitted variables using IV techniques, the relationships remain strong. In OLS regressions with minimal controls, those incarcerated as a juvenile are 39...

Ghosts of the Rio Grande

Every year hundreds of immigrants die along the U.S.-Mexico border. Too many are never identified. 

AP Images
AP Images T he path across the border is littered with bodies. Bodies old and bodies young. Bodies known and bodies unknown. Bodies hidden, bodies buried, bodies lost, and bodies found. The stories of the dead haunt the frontier towns from Nuevo Laredo to Nogales, and even deep within the interior of Mexico down to Honduras, someone always knows someone who has vanished—one of los desaparecidos— during their journey north. Many of those missing end up in the South Texas soil. Out on the Glass Ranch, a man named Wayne Johnson stumbles upon a skull, some bones, and a pair of dentures scattered near a dry pond. During a bass fishing tournament at La Amistad Lake, anglers come upon a decomposing corpse near the water’s edge. Late one summer night, a train rumbles down the Union Pacific Line, but it fails to rouse a father and son slumbering on the tracks. For 2012, Brooks County, with a population of just 7,223, reported 129 deaths from immigrants trying to evade the Border Patrol...

Virginia's New Dominion

How soon will changing demographics swamp old Virginia's Republicans?

Victor Juhasz
Victor Juhasz This piece is the fourth in our Solid South series. Read the opening essay by Bob Moser here , Abby Rapoport's Texas reporting here , and Chris Kromm and Sue Sturgis on North Carolina here . B y the summer of 1864, Confederate armies were hitting the limits of their strength: short on men, short on supplies, and losing ground in key theaters of the war. A reinvigorated Army of the Potomac, led by Ulysses S. Grant, had inflicted heavy casualties throughout the spring, pushing closer to the Confederate capital of Richmond. To regain the initiative, Robert E. Lee directed Lieutenant General Jubal Early to assault the Shenandoah Valley of western Virginia, clear it of Union troops, then move on to Maryland and force Grant to defend Washington, D.C. The plan worked, but the fundamentals of the war hadn’t changed. The Confederacy was still weak, and Grant still had more men, more supplies, and a talented corps of experienced generals. At most, Lee had managed to delay the...

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