An Additional Angle

There’s another approach to this problem that also would be highly useful, and in a much more general way. The problem is the apparent debanking of Conservative enterprises and others like Crypto by too many banks. President Donald Trump appears to be setting up an Executive Order that would direct[] bank regulators to investigate whether any financial institutions might have violated the Equal Credit Opportunity Act, antitrust laws or consumer financial protection laws for political reasons.

I would approach this from another direction, a more generic one, in addition to this apparent EO. I would require, via EO (with legislation to adjust and then codify the EO after a year to see how well the EO works) to the relevant regulators, all financial institutions that close an existing account or that reject an application for one—not only debt accounts—to provide the account holder detailed, concrete, measurable reasons for closing the account, those reasons to accompany the closure, and to provide the account applicant with the same kind of detailed, concrete, measurable reasons for denying the application, with that response required to be provided within one calendar week of the application.

In addition to this, I would require the financial institution, since it has already developed its position and underlying…data…to answer all requests for clarity of any of the reasons within 24 hours of the request being transmitted if done electronically or within one calendar week if the request was transmitted in writing: USPS, UPS, Fedex, and the like. In this context, email and fax would count as electronic transmittal.

In Trump’s putative EO, [v]iolators could be subject to monetary penalties, consent decrees or other disciplinary measures. So it would be here, with these clarifications: monetary penalties would apply both to the financial institution and to the relevant managers in the C-Suite and the business’ Directors, since those persons are the ones animating the financial institution. Additionally, disciplinary measures would include termination for cause of those managers and Directors found culpable enough to be fined.

This move is not tailored to political closures or rejections, but would apply to all such, and it would apply to individuals as well as to businesses with accounts or applications for accounts.

One more thing: my move would not require financial institutions to suggest avenues for correcting the reasons for closure or rejection. A properly detailed notice will provide the account holder/applicant with plenty of ways to correct via the explicit reasons contained in the notice.

There’s also this from the banks’ side:

A Bank of America spokesman said the bank welcomed the administration’s efforts to provide regulatory clarity. “We’ve provided detailed proposals and will continue to work with the administration and Congress to improve the regulatory framework,” he said.

If the bank has these detailed proposals already developed, there is no reason why it cannot implement one of them without waiting on Government to tell it what to do. That would be what used to be good old American initiative.

Should be a No-Brainer

As The Wall Street Journal‘s editors put it,

Get ready for what could be another landmark Supreme Court case. On Friday the Justices agreed to consider whether majority-minority Congressional districts drawn to comply with the Voting Rights Act are compatible with the Constitution’s equal protection guarantee.

The Court has asked the litigants in Louisiana v Callais to assess whether creation of a second majority-minority Congressional district violates the Fourteenth or Fifteenth Amendments.

This is long overdue, as states are now caught in a vice. If they weigh race too heavily, they can run afoul of the Equal Protection Clause. But if they ignore race, they can be sued for violating Section 2. Louisiana’s House map is a prime example.

It is long overdue, from as far back as 1965 when the Civil Rights Act was first enacted. The relevant clause of the 14th Amendment is in its first Article:

No State shall…deny to any person within its jurisdiction the equal protection of the laws.

The 15th Amendment is even more explicit:

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Favoring one group of Americans over another—which especially in the zero sum game of voting favors one group at the direct expense of another—denies both groups equal protection of the laws by that favoring. Tailored to the right to vote, creating a voting district to favor one group on the basis of race or color explicitly abridges the voting rights of those citizens in that district who are not members of the favored race or color while simultaneously exaggerating the voting rights of those who are members.

This should be a no-brainer: Louisiana’s voting districts, drawn as they are on the basis of race, are unconstitutional, and the Voting Rights Act, which mandates such favoritism is itself unconstitutional. Any use of race, however seemingly slight, to create a district or any policy that considers race is unconstitutional.

The Supreme Court should listen to and heed its recently prior ruling that any consideration of race in college/university admissions is unconstitutional.