A Solid Proposal

John Early, of the Cato Institute and ex-Assistant Commissioner of the Bureau of Labor Statistics (two times), has a thought on how to further remove unconstitutional race considerations from Federal government tolerance and behavior. Expanding on Chief Justice John Roberts’s observation that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race[,]” he offers this:

One simple way that the Trump administration can promote these objectives is by revising the Office of Management and Budget’s Statistical Policy Directive 15, which specifies the kind of data on race and ethnicity government agencies must collect. The current directive is unconstitutional, discriminatory, and scientifically unsound.
If OMB revised the directive to prohibit the collection of racial data, it would make it more difficult for regulators and attorneys to devise schemes for government to discriminate by race.

He’s mostly right on this. There is no need for the Federal government to collect race or ethnicity data under a couple of axes. One is that it’s barred by the 14th Amendment, which requires all of us to be treated equally under law. That makes race irrelevant. The other axis is that we’re all American citizens—see that 14th Amendment, again. We’re all the same in every way that matters to law.

There is, thus, no need for the Federal government to collect any data on persons present in our nation beyond the number of American citizens and the number of non-citizens actually present. I’d break that last into two categories, but not doing so wouldn’t be a deal breaker: the number of resident aliens and the number of illegal aliens. That last subcategory would, of necessity, be a guess, but DHS and Interior have the resources with which to make reasonably educated guesses.

“Mostly right:” there’s little need to collect ethnicity data either: the ethnicity of us American citizens is American. Full stop. There might be interest in collecting ethnicity data regarding non-citizens present in our nation, but that centers mostly on the illegal aliens so we know the first option regarding where to deport them. Ethnicity data regarding these, though, can be identified as the illegal aliens are caught; there’s no real need to collect the data as a matter of course.

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