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education and schooling general freedom ideological culture

Nondiscrimination as Discriminatory 

Two parts gall, three parts random irrationality; eye of newt, toe of frog. 

That’s how you cook up the latest leftist madness.

According to the wizards running Columbia University, deliberately race-​neutral policies are discriminatory if they have a “disproportionate impact.”

Columbia has updated its antidiscrimination policy about bad things you can do on campus that might get you investigated and sanctioned. The revised policy declares that one bad thing is “having a neutral policy or practice that has a disproportionate and unjustified adverse impact on actual and/​or perceived members or associates of one Protected Class more than others.” 

This, the policy asserts, “constitutes Discrimination” — with a capital D.

Those “protected classes” make up a formidable list. If the idea is that treating another person abusively subjects one to penalties, why not just say this? Then no groups need be listed.

But Columbia University seems to find focusing on discriminatory nondiscrimination a more productive way to spend its time than coping with unambiguous racial and ethnic hatred on campus.

Columbia is among the schools that has responded to vicious harassment of Jewish students with little more than pro forma protest. Even as a Columbia representative tells USA Today that “calls for violence have no place at Columbia,” anti-​Israel and anti-​Jewish students keep calling for violence. Will they be kicked out?

Eliana Goldin, a Jewish student at the school, says that the administration is well aware of “the credible threat to Jewish students, and they’re still playing both-sideism.”

Which strikes me as Discrimination with a Capital D.

This is Common Sense. I’m Paul Jacob.


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ideological culture national politics & policies regulation

DEI Virally Decoded

Is “Didn’t Earn It” — the latest scam-​decoding translation of officialdom’s acronymic jargon for race-​conscious and gender-​conscious affirmative-​action policies, DEI — really catching on?

If so, maybe we’ll get back all the sooner to sanity. 

That is, in universities, workplaces, and other hunting grounds of the DEI dictators who have inherited the mantle of reverse discrimination first inflicted on Americans via the affirmative-​action quota policies of the 1970s.

John Tierney suggests that the popularizers of the apt “Didn’t Earn It” meme may well help rid us of “today’s most egregiously indefensible phrase: ‘Diversity, Equity and Inclusion.’”

These woozy words are supposed to divert our attention from what DEI policies really mean: systematic discrimination against academic, professional, and other merit in favor of typically irrelevant physical characteristics like skin color and gender.

DEI discrimination is being imposed on ever more of our institutions, even at the cost of risking our lives. If unqualified applicants are being admitted into UCLA Medical School in order to appease the arbiters of DEI, then failing basic tests of medical knowledge after they get in — what happens if and when they start treating patients?

A single telling phrase (Tierney credits journalist Ian Cheong and cartoonist Scott Adams) can’t shoulder the whole burden of stopping DEI. True enough.

Fortunately, it’s got help. 

In Congress, Republicans have introduced legislation to shut down DEI offices and forbid federal contractors from imposing the ugly indoctrination of DEI training and DEI statements.

We can all pitch in.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom regulation

Criminal Discrimination?

It’s okay.

You don’t have to associate with criminals. You don’t have to employ them and worry how they’ll act on the job. It’s not your duty to give criminals or persons with a criminal record access to your life or property and hope for the best.

If only we could leave it at that. 

That’s not our world though. In our world, our government, working hard to rip America apart in every way possible, is suing the Sheetz chain of convenience stores because it doesn’t hire applicants with a criminal record.

The “problem” is that too many such failed applicants are nonwhite.

The Equal Employment Opportunity Commission accuses Sheetz of “disproportionately screening out Black, Native American/​Alaska Native and multiracial applicants.” The agency babbles that “employment practices causing a disparate impact because of race or other protected classifications must be shown by the employer to be necessary to ensure the safe and efficient performance of the particular jobs at issue.”

Of course, the “disparate impact” exists not because of these classifications but because the denied applicants have criminal records. Sheetz didn’t decline these applicants because of their skin colors.

Nevertheless, Sheetz is supposed to have somehow “shown” that refusing to hire applicants with criminal records reduces Sheetz’s own risks and the risks for customers.

Elon Musk, commenting on this story, has it right: “You know The Joker is running things when the law-​abiding are being prosecuted by the government for not hiring criminals!”

These days Uncle Sam and The Joker do look alarmingly similar.

This is Common Sense. I’m Paul Jacob.


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ideological culture subsidy

Race-​Based Handouts?

The decision won’t be the end of the matter, but it’s a good sign.

U.S. District Judge Mark Pittman has ruled that a federal agency established to give subsidies to businesses, in its current form called the Minority Business Development Agency, may no longer use race or ethnicity as a criterion for distributing benefits.

The ruling comes in response to a lawsuit filed by the Wisconsin Institute for Law & Liberty on behalf of three business owners who weren’t allowed to apply for help from the MBDA because they’re white. The plaintiffs argue that the Agency violates the constitutional requirement of equal treatment under the law.

According to Judge Pittman, although “the Agency may intend to serve listed groups, not punish unlisted groups, the very design of its presumption punishes those who are not presumptively entitled to MBDA benefits.”

Supporting rights-​based governance, I’m no fan of any welfare programs. As long as we have them, though, why should the handouts or the ability to apply for them be determined by race?

Government-​imposed racial discrimination is unjust on its face. It should be extirpated wherever it exists. The Minority Business Development Agency is one of those places.

If Pittman’s ruling is allowed to stand, it may have a salutary effect on many other agencies and programs. 

The MBDA’s name presents a problem, however. 

I guess it won’t be too hard to remove the word “Minority” and call the agency the Business Development Agency. 

Or just shut it down.

This is Common Sense. I’m Paul Jacob.


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free trade & free markets political economy subsidy

When the CHIPS Are Weighed Down

Has DEI “killed the CHIPS Act”?

The CHIPS and Science Act of 2022 created a giant package of subsidies that shouldn’t exist to begin with and is made even worse by all the strings attached.

The Act authorizes giving $52 billion of taxpayer money to microchip manufacturers to make chips in the U.S. The boost to domestic production will supposedly help us if China invades Taiwan and disrupts Taiwan’s globe-​leading microchip industry.

But chipmakers eligible for the largesse are recoiling from all the embedded DEI mandates. “DEI” means “diversity, equity, and inclusion.” It’s a collectivist mantra and ideology designed to make employers fret about racial and gender quotas and DEI indoctrination at the expense of hiring qualified people and making high-​quality microchips.

According to Matt Cole and Chris Nicholson, writing for The Hill, nineteen sections of the Act are devoted to DEI. One gives the Department of Commerce a mission that Commerce describes as “strengthening the U.S. semiconductor ecosystem” by ensuring “significant investments to create opportunities for Americans from historically underserved communities.”

The authors believe that CHIPS is “so loaded with DEI pork that it can’t move.” Worse, it’s making it hard for chipmakers to move, forced to focus away from making microchips and, instead, onto the wasteful exercise of appeasing regulators.

Now that they are finally about to get CHIPS funding, Intel and others are delaying announced factories and foundries on U.S. sites and instead going ahead with more overseas plants.

I guess they want to get stuff done.

This is Common Sense. I’m Paul Jacob.


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crime and punishment ideological culture

Crime: Police or Re-define?

Can crime be defined out of existence?

“Attorney Ben Crump proposed a solution to the issue of high crime that is plaguing the black community,” YouTube commentator Anthony Brian Logan reports on a story that an aging white fellow like myself was not apt to spot. “He said it is easy to identify criminals if laws that target specific groups of people are created. Crump brought up Eric Garner, who lost his life after struggling with police outside of a store when he was accused of selling loose cigarettes.”

Crump says crimes have been defined into existence targeting black communities.

Mr. Logan urges us to understand the context for Crump’s theorizing: the African-​American lawyer “was speaking to a group of black men for an MSNBC special called ‘Black Men in America, Road To 2024.’ The purpose of the special is to rein black men back in and stop them from straying away from the Democratic Party.”

Logan is skeptical that this sort of half-​cleverness is going to cut it with black men, who in increasing numbers are bolting from the ranks of the party created by Martin Van Buren. 

Many of us, of all colors, were extremely sympathetic to Eric Garner, who died at the hands of New York City police trying to block Garner’s unlicensed entrepreneurial effort enabled by high taxes on cigarettes. Yet, the real problem with Crump’s notion is that the worst crime in black neighborhoods is rampant theft and violence, the kind of activity that common sense dictates as criminal no matter who legislates, or why.

Defining crime into existence is not the current cause of increased black crime, Logan says, it’s decreased policing and punishment.

Crump’s argument, counters Anthony Brian Logan point blank, “is stupid.”

This is Common Sense. I’m Paul Jacob.


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