Jews From The United States

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April 10, 2026

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April 10, 2026

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"Some former Bush officials, however, believed that the Justice Department's failure to pursue the New Black Panther Party case resulted from top Obama administration officials' ideological belief that civil rights laws only apply to protect members of minority groups from discrimination by whites. Department spokeswoman Tracy Schmaler denied any such motives. She asserted that "the department makes enforcement decisions based on the merits, not the race, gender or ethnicity of any party involved". But an anonymous Justice Department official told the Washington Post that "the Voting Rights Act was passed because people like Bull Connor [a white police commissioner] were hitting people like John Lewis [a black civil rights activist], not the other way around". The Post concluded that the New Black Panther Party case "tapped into deep divisions within the Justice Department that persist today over whether the agency should focus on protecting historically oppressed minorities or enforce laws without regard to race". The Office of Professional Responsibility's report on the case found that several former and current DOJ attorneys told investigators under oath that some lawyers in the Civil Rights Division don't believe that the DOJ should bring cases involving white victims of racial discrimination. The report also found that Voting Section lawyers believed that their boss, appointed by President Obama, wanted them to bring only cases protecting members of American minority groups. She phrased this as having the section pursue only "traditional" civil rights enforcement cases. Her employees understood that by "traditional" she meant only cases involving minority victims."

- David Bernstein

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"In early 2014, the Department of Justice and Education issued guidelines pressuring public school districts to adopt racial quotas when disciplining children. The basis for this guidance was studies showing that black children were over three times more likely to face serious punishment--suspension or expulsion--for misbehaving at school. The government concluded that school districts were engaging in massive illegal discrimination against black students. In fact, however, the government had no basis for its conclusion. The Supreme Court has explicitly stated that racial disparities in punishment do not by themselves prove discrimination, as they may just be consistent with the underlying rates of misbehavior by each group. There are no valid statistics (and the government hasn't cited any) from which one can infer that black students and white students would be expected to engage in serious misbehavior in school at the same rate. Unless there is some reason to expect kids to behave completely differently at school than outside of it, the school discipline figures are in line with what one would expect. African-American minors are arrested outside of school for violent crime at a rate approximately 3.5 times their share of the population. Moreover, as former Department of Education attorney Hans Bader notes, the government's own statistics show that white boys were over two times as likely to be suspended as their peers of Asian descent. By the government's logic, this means, absurdly, that school districts must be discriminating against white students and in favor of Asians. As of this writing, Minneapolis education authorities have announced their intention to end the black/white gap in suspensions and expulsions, a plan that struck many observers as announcing the imposition of quotas on school discipline."

- David Bernstein

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"A college student who wants to file a complaint of sexual assault within the campus disciplinary system informs a university employee such as an assistant dean for student life, or perhaps the Title IX coordinator. That person eventually forwards the complaint to a university disciplinary panel that may be composed of, for example, an associate dean with a master's degree in English literature, a professor of chemistry, and a senior majoring in anthropology. Unlike criminal prosecutors, members of the disciplinary panels do not have access to subpoena powers or to crime labs. They often have no experience in fact-finding, arbitration, conflict resolution, or any other relevant skill set. There is, to put it mildly, little reason to expect such panels to have the experience, expertise, and resources necessary to adjudicate a contested claim of sexual assault. Making matters worse, most campus tribunals ban attorneys for the parties (even in an advisory capacity), rules of procedure and evidence are typically ad hoc, and no one can consult precedents because records of previous disputes are sealed due to privacy considerations. Campus "courts" therefore have an inherently kangoorish nature. Even trained police officers and prosecutors too often mishandle sexual assault cases, so it's not surprising that the amateurs running the show at universities tend to have a poor record. And indeed, some victims' advocacy groups, such as the Rape, Abuse and Incest National Network (RAINN), oppose having the government further encourage the campus judicial system to primarily handle campus sexual assault claims, because that means not treating rape as a serious crime. A logical solution, if federal intervention is indeed necessary, would be for OCR [US Department of Education's Office of Civil Rights] to mandate that universities encourage students who complain of sexual assault to report the assault immediately to the police, and that universities develop procedures to cooperate with police investigations. Concerns about victims' well-being when prosecutors decline to pursue a case could also be adjudicated in a real court, as a student could seek a civil protective order against her alleged assailant. OCR could have mandated or encouraged universities to cooperate with those civil proceedings, which in some cases might warrant excluding an alleged assailant from campus."

- David Bernstein

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"Today pluralism operates as a court religion, while having less and less intellectual credibility. Betraying the plastic terminology in which its directives are framed are the additions to the “Human Rights Code” passed in the Canadian province of Ontario in 1994. The Code cites “human dignity” to justify the criminalization of “conduct or communication [that] promotes the superiority or inferiority of a person or class because of race, class, or sexual orientation.” The law has already been applied to prosecute scholars making hereditarian arguments about social behavior, and its proponents defend this muzzling as necessary for “human dignity.” But never are we told whence that dignity is derived. It is certainly not the one to which the Bible, a text that unequivocally condemns certain “sexual orientations,” refers. Nor are we speaking here about the dignity of nonengineered academic discourse, an act that the supporters of the Ontario Human Rights Code consider to be criminal if judged insensitive. Yet the pluralist advocates of human rights codes that now operate in Canada, Australia, England, and on the European continent assume there is a human dignity. Indeed this dignity is so widely and passionately accepted, or so it is asserted, that we must criminalize unkind communication. In the name of that supposedly axiomatic dignity, we are called upon to suppress scholarship and even to imprison its authors."

- Paul Gottfried

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"The invasion of government and the courts by behavioral scientists has produced what Thomas Szasz calls “the therapeutic state.” Psychiatrists and social psychologists have been given social status, according to Szasz, and their moral and political judgments, though not always founded on hard, empirical science, are taken to the “expert.” These experts today can affect decisions about the responsibility of criminals, the right to control property, and the custody of children. “Psychiatric theologians” have been able to impose their private political opinions as “scientific” truth, and Szasz cites the fact that the American Psychiatric Association now defines the involuntary treatment and incarceration of mental patients as “health rights.” Szasz also observes, “If people think that health values justify coercion, but that moral and political do not, those who wish to coerce others will tend to enlarge the category of health values at the expense of moral values. “Health values” have also become socialized through a global managerial culture. Since 1976 the United Nations, through its International Covenant on Economic, Cultural and Social Rights, has elevated “the enjoyment of the highest standard of mental health” to a sacred entitlement. Henceforth governments must ensure a sound state of mind as a “human right.""

- Paul Gottfried

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