Decades of Failure: Part 1 – Running on Empty

Opponents of racial quotas are no closer to having them abolished now, than they were back in 1978 when the Bakke decision provided the first glimmer of hope. In fact, quotas have become even more blatant and entrenched, and we are rapidly moving toward a time when they will be explicit and unassailable. Current efforts have failed, and it is important to acknowledge this and understand why. Only then can we alter our approach to a more effective one. I decided to write a lengthy article, bit by bit, about the failure of quota-opponents to make any progress over the last few decades. I will post each part as I have completed it.

Decades of Failure
The Fight Against Quotas

Part 1: Running on Empty:

   On November 24, 2009, it was announced that 14 of the 19 White and 1 Hispanic firefighters who comprised the plaintiffs in the now famous Ricci decision will finally receive their well-deserved promotions from the City of New Haven, Connecticut. Five months after being ordered to correct this injustice by the Supreme Court, 3 years after the original lawsuit was filed by the firefighters, 6 year after the promotion exam was given, and 31 years after the legal battle against quotas truly began with the Regents of the University of California v. Bakke decision in 1978, this action represents the most significant victory in the war against anti-white discrimination. What Ricci does do is ensure that these 20 firefighters receive promotions to positions to which they were the most qualified. What Ricci does not do is in any way interrupt the prevailing quota regime. To quote Heather Mac Donald, writing in City Journal, “The Supreme Court tweaked the edges of discrimination law…but otherwise left the evasions and euphemisms of that hoary edifice largely intact.” At best, Ricci simply requires that employers concoct some additional reason, other than differing test scores or the fear of lawsuits resulting from them, to justify discrimination against whites. This new reason given by discriminating employers will still need to be challenged in court, and will likely be upheld by District and Appeals Court judges similar to the ones that upheld New Haven’s actions in the Ricci case. Perhaps higher courts will overturn some of these decisions. But this will take time, and each case of discrimination against whites will still have to be fought in court on an individual basis. An effortless end-run around a Ricci-like outcome in similar situations, that is gaining popularity among diversity-obsessed bureaucrats, is to simply eliminate standardized testing in order to avoid the appearance of entitlement by whites to these positions. The lack of post-Ricci panic among minority activists is noticeable…and completely understandable. The world is going their way. For example, a 2005 report from the Office of Personnel Management found that in Fiscal Year 2004, 56% of all new federal jobs went to non-whites…and that was during a Republican administration! One small case involving 19 individuals in one small city does nothing to change the underlying trend…that America is headed toward an era where any under-representation by minorities in any desired area of employment will either be eliminated afterwards through litigation, or pre-empted beforehand by employers ensuring that a minority group’s share of the workforce at the very least mirrors its share of the population. As any unemployed white who has seen a job advertisement followed by “EEOC applicants encouraged to apply” can tell you, they have nothing to fear. Maybe that explains the lack of popping champagne corks and “Mission Accomplished” banners on our side, in spite of the jubilations of finally having achieved Saint Martin’s “dream” by some establishment conservatives. After 32 years of post-Bakke toil, the crowning achievement of quota-opponents consists of righting a single wrong done to 19 individuals following a 6-year ordeal. This lack of any tangible macro-level accomplishment after decades of effort means that opponents of quotas have two options. Writing in The American Conservative, Marcus Epstein had a poignant tongue-in-cheek quote about the sad state of affairs of the American Conservative Movement in 2005 – “If electing Republicans and waging wars is the gauge, then the movement has been a gleaming success.” To paraphrase and adapt, if getting 19 individuals promoted after 32 years of work, countless man-hours of effort, and millions of dollars spent, is success, then it’s time for quota-opponents to either put Ward Connerly in a flight-suit and hold a photo-op on the deck of an aircraft carrier, or try a new direction.
   Our current failed efforts to fight quotas have consisted of three main approaches; trying to persuade our opponents, trying to end quotas legislatively, and trying to have the courts overturn quotas. All three have failed miserably.

I will post the remaining parts of this article as soon as they have been written.

Part 2 is available here.


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One Response to “Decades of Failure: Part 1 – Running on Empty”

  1. Decades of Failure: Part 2 – Failed Approaches: The Failure of Persuasion « Disparate Planet Says:

    […] Part 1:  Running on Empty, is here. […]

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