Tag Archives: rights

Disingenuous Excuse-Making

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That’s what seems to be the case involving Columbia University’s interim president Katrina Armstrong and a variety of personages criticizing her decisions, or their lack, or their careful vagueness, regarding Columbia’s rampant antisemitic bigotry and overt support for “protestors” supporting terrorists in Gaza and the West Bank.

Armstrong’s waffling on those items already has cost her university $400 million in Federal grants and contracts, yet she continues to waffle.

Chief among her excuse-making supporters is Johns Hopkins Medicine International President, Charles Wiener:

She’s in a situation now where every minute, every hour, there’s no way she’ll be able to do anything that pleases everybody[.]

Armstrong isn’t there to please everybody; she’s not even there to please anybody at all. She’s there to do the right thing: put an end to the school’s antisemitic bigotry that exceeds the bounds of free speech by overtly denying others their rights to free speech and religion—even merely to attend class—and expel the terrorist-supporting “protestors,” including faculty members; have those “protestors” who are not students or faculty arrested for their trespass; and have those—student, non-student, or faculty—involved in stealing university buildings (which is what their “occupations” amount to) and vandalizations arrested and brought to trial for their criminal acts.

Full stop.

Then the newswriters of this WSJ piece offer their own shabby excuse:

Armstrong has walked a fine line between acknowledging that some aspects of the university need to change while also asserting the importance of the school’s academic independence.

No. There is no fine line here. There is no academic freedom in an environment where the school’s Jewish students are prevented by those terrorist supporters from speaking, prevented from getting to class, even physically attacked simply for being Jewish, much less speaking anyway.

Ans this:

If she cedes [sic] to White House demands over campus antisemitism allegations, she risks revolt from faculty fearing a loss of academic freedom.

More excuse-making. Faculty members who revolt over this are simply self-selecting for prompt termination. Getting them out of the way would both reduce the bigotry that so rampantly denies Jewish students their free speech rights and increase academic freedom by removing those who insist that academic freedom means being free to do things their way only.

Armstrong needs to stop waffling. Or she needs to be replaced by someone willing to make the hard decisions necessary to reduce the bigoted attacks on disfavored groups and get rid of the “protestors,” and to enforce those decisions.

Update (compared to when I wrote this): Columbia University has, finally, acceded to many of the government’s demands regarding curbing its antisemitic bigotry and support for terrorists.

Progressive-Democratic Party Version of Free Speech

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A Conservative legislator in Maine spoke against boys competing in girls’ sports, and she posted the image of the State’s Class B girls high school pole vault champion—a boy competing against girls and who as a boy competing against boys the prior year who could do no better than fifth.

Maine’s Progressive-Democratic Party legislators promptly voted 75-70 to censure the Conservative, Congresswoman Laurel Libby (R, 90th District). Nor does Maine do an ordinary censure: under the Maine constitution, by censuring Libby, they have denied her any right to speak on the Maine House of Representatives floor, or even to vote on any legislation before the Maine House. As the WSJ editors noted, that also denies her constituents any representation, disenfranchising them.

Of course, Party knows that, too. Party politicians claim that speaking and voting would be restored to Libby were she to apologize. But for what would she apologize? Having done nothing wrong, apologizing would both be dishonest intrinsically, and it would be cowardly appeasement.

Libby is made of sterner stuff, and she has said she will not apologize.

Those WSJ editors also posited a warning:

Democrats should be considering whether they really want to go down the road of regulating posts on social media.

But that’s what the Progressive-Democrats have been doing for some years already—see Twitter and Facebook during the first Trump administration and throughout the Biden administration.

This is the censorship which we can expect to be inflicted nation-wide if Party ever regains control over our nation. Speech is free when Party permits it.

In Which our Courts are Failing

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The question here is what standard courts should apply in matters of reverse discrimination. The question is laid out in The Wall Street Journal article’s lede:

Amid a MAGA-led backlash to diversity, equity, and inclusion policies, the Supreme Court on Wednesday will consider an issue that has split judges around the country: what do white people and other members of a majority group have to prove to win a claim for reverse discrimination?

(Aside: the newswriters’—Jess Bravin and Erin Mulvaney—irrelevant reference to MAGA illustrates their own and their editor’s political bias.)

The question is expanded in the second paragraph [emphasis added]:

Marlean Ames claims the Ohio state agency where she works denied her a promotion and then demoted her because she is heterosexual, instead giving both her old job and the one she had sought to gay people. A federal appeals court in Cincinnati threw out Ames’s lawsuit, finding that she failed to show the “background circumstances” suggesting the employer was hostile to straight people—a threshold step that wouldn’t have been required had a gay employee claimed discrimination.

As the writers noted shortly after:

The Civil Rights Act of 1964 forbids employment discrimination because of an “individual’s race, color, religion, sex, or national origin….”

Lauren Hartz, DC-located partner in Jenner & Block raised this bit:

We are in disagreement about what groups in American society today are advantaged or disadvantaged[.]

This is a wholly constructed and cynically dragged red herring. The only advantaged groups are those groups of Americans who get favorable treatment from our courts compared to other groups of Americans, and the only disadvantaged groups of Americans are those groups of Americans at whose expense that advantageous treatment comes.

Civil rights groups have raised another irrelevancy:

Many civil-rights groups say the occasional example of reverse discrimination doesn’t change history. Courts, according to a brief filed by the NAACP Legal Defense and Educational Fund, should be able to consider the “realities of this country’s persisting legacy of discrimination.”

The supposedly “occasional” nature of reverse discrimination is no excuse for any amount of that form of discrimination. Neither does it excuse the creation of a new legacy of discrimination for our future.

Thus: how about using the same standard for all cases involving allegations of discrimination?

How about judges and Justices hew to the text of black letter law and to the foundational text of the 14th Amendment of our Constitution?

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

That’s it in black and white; it’s not that hard to understand and to apply. As a Chief Justice of our Supreme Court said not so long ago, The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.

There is no excuse for our court system, nor any judge or Justice within it, applying different standards of adjudication to different groups of Americans. Judges and Justices are violating their oaths of office when they do.

Birthright Citizenship for Children of Illegally Imported Slaves

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Jason Riley, Upward Mobility columnist for The Wall Street Journal, in his op-ed last Wednesday has hung his hat on the universality of birthright citizenship on the citizenship granted the children of slaves who were illegally imported, and so as persons were present illegally. In support, he cited the 14th Amendment’s All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States clause and noted, correctly IMNSHO, the centrality of that subject to the jurisdiction thereof phrase to the hook for his hat.

Riley’s claim vis-à-vis those illegally imported slaves’ children is this:

Although the US banned the importation of slaves in 1808, an illegal international slave trade continued for decades. ….
According to the legal scholar Gerald Neuman, by the time the 14th Amendment was ratified, there were tens of thousands of black people in the US who had been brought here illegally. Naturally, some of them later bore children. It thus would seem that for authors of the Citizenship Clause, “subject to the jurisdiction thereof” included the children of parents in the country without authorization.

Therein lies the failure of Riley’s argument. The Trump administration’s argument—and one I’ve made in these pages—is that illegal aliens and birth tourism mothers are not subject to our nation’s jurisdiction because, in the first instance, they’ve placed themselves outside our jurisdiction from the beginning by entering our nation illegally—in direct and deliberate contravention of our jurisdiction’s laws—and in the second instance, withholding themselves from our jurisdiction however legally they may have entered because they have no intention of staying or in any way breaking the bonds of their loyalty, citizenship, or still-accepted jurisdiction of their home nation.

Those illegally imported slaves, on the other hand, on their emancipation actively and consciously accepted the jurisdiction of our nation and our nation’s laws. They accepted and sought American citizenship, whether before or after their children were born.

On Birthright Citizenship

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William Galston, in his Wall Street Journal op-ed insists that President Donald Trump’s (R) Executive Order regarding birthright citizenship—which says that children born to illegal aliens or birth-tourism mothers are not ipso facto entitled to American citizenship—is unconstitutional. Galston correctly hangs his argument on the 14th Amendment’s first clause phrase subject to the jurisdiction thereof (of the United States). He’s also correct in that some case law could serve as impediments to enforcing Trump’s EO and that some Supreme Court precedential rulings that touch on birthright citizenship also could so serve.

Here’s the importance of that phrase, albeit it’s an importance that Galston and others objecting to the EO completely miss. Illegal aliens have held themselves outside our legal jurisdiction from the very beginning—their illegal entry into our nation in violation of the laws, the jurisdiction, of our nation—and they continue to hold themselves outside our jurisdiction by their continued status as illegal aliens.

A similar case applies to those birth-tourism mothers. They have no intention whatsoever of remaining—legally—and so submitting themselves to our nation’s jurisdiction. They have every intention of remaining citizens, subject to the jurisdiction, of their home nation.

Because these two groups refuse our nation’s jurisdiction, birthright citizenship can never, legitimately, apply to their children for all the accident (deliberate or not) of the geography of their birth.

Here is an instance where the over-sanctification of precedent could be corrected in the specific instance: overturn the wrongly decided case law and correct those past Supreme Court precedents. Recognize via Court ruling the plain, obvious, and rational meaning of the 14th Amendment’s phrase. That’s a requirement the Supreme Court has emplaced a number of times.