The case of Fisher v University of Texas (http://en.wikipedia.org/wiki/Fisher_v._University_of_Texas) University
of Texas acted or failed to act
according to the law regarding admissions relating to the plaintive’s attempted
admission to the University
of Texas
The above referenced case
notwithstanding, there is also an argument before the U.S. Supreme Court for
the next session (October 2013) and that is to repeal Affirmative Action (see link below). The arguments before the Court suggest that America no
longer needs an Act that assures fairness in any of the processes that Affirmative
Action was put in place to address. The
arguments put forth suggest that America has met the gold standard
to provide equality throughout the land.
While there maybe merit to the arguments before the Court, it remains
disingenuous that those who are calling for an end to Affirmative Action are
not the historical victims, but the historically perceived aggressors or
violators of Civil Rights. That is like
the fox saying “I haven’t eaten your chicken in years (that you know of), stop
holding me back!”
HB802 Repeal Affirmative Action:
What would make more sense would
be if those who are the intended beneficiaries of Affirmative Action would come
forth and speak loud and proud to the success of over 40 years of supposed
Governmental intervention to improve hiring practices; to increase access to
education; to remove voter suppressive activities; to improve the manner in
which governmental contracts are awarded, or, to ensure that America’s Criminal
Justice System did not work with one eye closed, whereby its prisons didn’t
seem only to be suited for those of color, poor and/or the indigent. But their voices are not at the forefront,
but in fact, quite muffled, if not suppressed, by or prohibited by the failure
of the very program that has yet to bring about the level of achievement promised
by this landmark legislation.
But it should not be a surprise to
those who of us who are the intended beneficiaries of Affirmative Action that
this act has not produced it desired it effects. We should not be surprised because the
beneficiaries were handicapped from the start.
That handicapped was the dependence on two aspects of American life:
1.
That those who were
the supposed perpetrators of Civil Rights violations would cease and desist
their acts of injustice visa vie discrimination in hiring, education, law
enforcement and/or housing, to name a few areas;
2.
That those who were
the supposed victims of Civil Rights violations would in fact, take advantage
of every opportunity that this landmark legislation made a way for by going
full speed ahead in obtaining their education, cease and desist participating
in the criminal justice system through distribution drugs, committing criminal
activities against one another up to and including murder and mayhem; by collaborating more openly to partner and
incorporate on business opportunities in their own communities, and by ceasing
to participate in governmental programs that suppressed economic growth, such as long-term welfare.
ET AL[1]-WHAT
COULD BE NEXT?
Let us assume that the
overwhelming desire to repeal Affirmative Action is successfully accomplished. The reasons, however invalid, should not be a
cause to panic. But what is to come
is. America , no doubt, will celebrate
like the 4th of July, having abolished a program that supposed was
about quotas. Never mind that it was
about trying to establish fairness from a Constitution that supposedly was
color-blind, gender neutral, or that, for whatever its worth, did not try to
exempt anyone of its citizens regardless of their national origin, religion, or
creed. So what if Affirmative Action
returns America
to a time where Blacks will be excluded from job opportunities just because of
their skin color? Has much changed here
in America ? That will be something we as people of color
will have to just find a more constructive way to overcome. Our ancestors did it before, I am sure that
if Affirmative Action is no longer the law of the land, we’ll be alright, won’t
we? And if it is abolished, what could
be next? Obamacare? Roe V. Wade? Voting Rights Act of 1965? Lilly Ledbetter Act of 2010? Title IX of
1972?
If none of the following are on
the list, it would be a surprise. But
whether they are on the list not, America needs to panic. Because this supposed Constitutionally-guided
country has decided that the Constitution is not a relevant guide to
maintaining the sovereignty of the United States . There are those who believe that the
Constitution was written in stone, and that anyone who came thereafter, is in
violation of its original meaning. Never
mind the fact America was
established because of Britain ’s
inflexibility to allow free speech, or to allow freedom of religion. This country was established because there
couldn’t possibly be a reason to exist unless one could exist without being searched
or arrested without due process. This
country, that we call America ,
couldn’t possibly exist unless everyone of her citizens could be treated
fairly, regardless of their physical and sexual differences. If none of this is true, then Americans better
panic because what’s next if Affirmative Action is ever repealed may well be a
surprise. But, I am betting that at
least seven of the following legislative achievements are certainly on the “hit
list” of landmark achievements that despite having either opened doors of
opportunity, or improved the quality of life for a great number of American
citizens, may not be available for too much longer.
1.
OBAMACARE-
We already know that the
Affordable Care Act[2] is
on the table. We know that despite the
fact that the Act, affectionately called ObamaCare, was modeled after the
healthcare program of Massachusetts [3],
under Republican Governor and former Presidential Candidate Mitt Romney[4],
it is at the top of the list to be repealed. Why has it been a target of the Republican-led
Congress? A wild guess, but it may have
to do with the fact that President Obama, Democrat, successfully got it to
pass, despite every obstacle put in his way, including references to raising
taxes[5]
and supporting abortion[6]. Nevertheless, it appears that the Affordable
Healthcare Act must be repealed even as it promises to provide coverage for
those with pre-existing conditions, or provide continued coverage for families
with children still in school up to age 26.
This should not be assumed as presumption of support for the Affordable
Healthcare Program. I disagree with it
too, but not entirely. But I don’t agree
to the “throw the baby out with the bathwater approach” to resolving the
differences that are on the table.
House votes to repeal Obamacare for 37th time:
It is
not far from probable that this landmark decision will be high on the list of
many who oppose abortion, in every form, regardless of the health of the
mother, incest or rape. This absolute
position in America
suggests that any group or individual who sees with absolute perspective that a
woman does not have the right to decide with her doctor, what would be in her
best interest, would certainly be in the group that would target the repeal of
Affirmative Action. Roe V. Wade exists
by a thin thread when it comes to not only the respect of women’s rights, but
the protection as well. Roe V. Wade is
on the list, I am more than sure that if Affirmative Action is repealed,
abortion will once again return to back rooms where anyone with a coat hanger
will be able to perform an illegal procedure.
Correct me, if I am wrong.
Time overdue to repeal Roe v.
Wade:
For more than 50 years, the fight
for equal pay has been non-stop for women.
And then, President Obama seemed to have ruined everything for opponents
of equal pay by signing into law, by executive order, the Lilly Ledbetter Act
of 2010[9]. The fact that it took over 50 years, and its
apparent strong opposition, would make it a likely candidate for those who
oppose Affirmative Action, to include the furtherance of the Lilly Ledbetter
Act.
Does Mitt Romney
Support Equal Pay for Women?:
It is an Act that has no shortage
of detractors. States, districts and
precincts across the United
States are in opposition of a landmark piece
of legislation that holds accountable any area that prior to 1965 had a history
of suppressing or prohibiting voting in elections of those of African-American
descent.
Title IX requires that any
educational institution receiving federal funds not discriminate against anyone
on the basis of sex. This ultimately
meant that educational institutions would have to take money from Peter to pay
for Pauline’s athletic programs. We can
only imagine what an “inconvenience” this must have been to school athletic
programs with if nothing else, a designated budget for predominantly men
athletic-based programs. The doors did
not exactly bust wide open for young women interested in track and field,
swimming, basketball or softball. The
money was not going to start rolling in, especially in as equal amounts for
male dominated sports. It is reasonable
to conclude that for the most part, and for more than 30 years, men-based
sports such as football and basketball bring in the most dollars to schools,
and that for any other group to come in on those male-dominated sports that
brought in the big bucks, it was not going to go over well. So, when the repeal of Affirmative Action
becomes a given, please bet on Title IX being near the top, if not at the top
of the list of Acts and Legislation to be targeted using the model that is on
the table to repeal Affirmative Action.
Opposition Claims Title IX
Discriminates Against Men
Ratified in 1920, women regained
the right to vote. It was an issue for
women to vote in America ,
although they were, theoretically, American citizens. But their voices were suppressed, their
involvement was that of supportive roles to the various political leaders of
their time. Although America sits poised
to possibly elect her first female President of the United States, don’t for a
second think that the mold is not being set to repeal women’s rights to votes,
the same as it is to repeal a woman’s choice to decide on her physical
well-being between her and her doctor.
The dye will be cast, the moment Affirmative Action is repealed. This will be on the list, even if not at the
top. America is going into reverse.
Nineteenth Amendment to the United States
While
recently determined in two instances here in the Gulf South that Housing
Discrimination exists, it suggests that the will to discriminate is as strong
as ever, and the possibility of repealing discrimination laws will certainly
rank high on the list of laws to be repealed.
Discrimination Still Exists in Housing in More Subtle Ways
http://www.dailymail.co.uk/news/article-1390205/Whites-suffer-racism-blacks-Study-shows-white-people-believe-discriminated-against.html
http://www.dailymail.co.uk/news/article-1390205/Whites-suffer-racism-blacks-Study-shows-white-people-believe-discriminated-against.html
REPEAL AFFIRMATIVE ACTION
The probability is highly likely
that soon, if not right away, Affirmative Action will be repealed. For those who don’t think it will be a big deal,
you are probably right. It won’t be a big
deal to those who will be least impacted, and that would be the majority white
society who see Affirmative Action as a program that takes one unfair advantage
and puts in its place another unfair advantage.
Repealing Affirmative Action will restore the previous unfair advantage,
and all should be well with the world, theoretically.
Supreme Court Takes
New Case on Affirmative Action, From Michigan
There is something to be said
however, that the model, mold, or template for removing Affirmative Action will
be cemented for other unpopular or seemingly unfair legislation that takes one
unfair advantage and replaces it with another.
Whether it’s Title IX, the 19th Amendment, the Voting Rights
Act, the Lilly Ledbetter Bill, or any other landmark legislation, including the
Affordable Healthcare Act (Obamacare), the dye will be cast, and for those of
us who are not paying attention, the repealing of Affirmative Action will be
the least of our concerns.
WHAT IS AN OPTION?
If you are not interested in
whether Affirmative Action is being repealed, then go on about your lives. But mind that your disinterest need not
change when it has been repealed and the next move, which will not be subtle,
targets programs that may affect your way of life, whether it is racially based,
sexually based, housing, religion or even if it affects your income. If you have an option at all, you have an
option right now, to get in bed with those whose lives maybe affected by the
repealing of Affirmative Action. Even if
it is not in your best interest, in theory, to stand against this action,
consider the next move. Call your
congressman, or senator, and advise them of your revised position to ensure
that Affirmative Action is not repealed.
If that is too bold a move for you, then resume your normal
activities. I will more than likely see
you on the front lines protesting something by which Affirmative Action was the
model for moving forward.
http://news.yahoo.com/blogs/ticket/why-unusual-delay-supreme-court-affirmative-action-decision-125611480.html;ylt=AwrNUbLTyLtR9gYA4VvQtDMD
[14]
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