On Affirmative Action and White Victimhood

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This is a reaction to the loss of privilege. This is white victimhood. This is white supremacists holding lit torches in the year 2017. (Photo Credit: Anatolu Agency)

Donald Trump is on his campaign, as President of the United States, to turn back the clock. By now, we already know the phrase “Make America Great Again,” which has adorned umpteen baseball caps and bumper stickers of Trump supporters—and which may also be borderline unpatriotic by insisting that the country isn’t great when it already may be. Many of Trump’s executive orders and appointees have targeted Obama-era regulations with the intention of rolling them back, making a broad appeal to industry leaders, especially those in the banking/financial, fossil fuels, and telecommunications fields. In particular, Attorney General Jeff Sessions—who, if he were any more of a dinosaur, he’d be staring down Chris Pratt in Jurassic World—has been right behind Donald Trump in the quest to hurtle the nation back in time by decades. For one, Sessions, continuing his Reefer Madness-esque rhetoric from his tenure as a U.S. senator, has made a target of marijuana, and even commissioned a task force to look into possible actions to take regarding the drug’s legality at the state level. Which, it should be noted, does not recommend any actions be taken. Sessions also has toed the Trump line on immigration, recently identifying supposed “sanctuary cities” from which federal funding might be withheld, including, for whatever reason, Baltimore, as well as that of crime enforcement and “cracking down” on illusory rampant lawlessness, favoring reduced restrictions on police forces and sending more people to prison. Every strongman needs henchmen to do his bidding, and Jeff Sessions vis-à-vis Pres. Trump fits this description to a T.

In line with the notion of “making America great again” and returning the country back to a nameless, mythical time in which it had no problems and the streets were paved with gold on the backs of cheap immigrant labor, and commensurate with Jeff Sessions’ own racist tendencies, the Department of Justice recently indicated its desire to pursue an investigation into “race-based discrimination” in college admissions practices. That’s discrimination against whites, mind you. Obviously, this re-ignites the debate over affirmative action that has dogged discussion of race relations, not to mention class warfare, as it intersects with the sphere of higher education. Ira Katznelson, political science and history professor at Columbia University, president of the Social Science Research Council, and author of a freaking book on affirmative action—so, needless to say, someone who might have some insight into this subject—wrote a piece for The New York Times which specifically addresses the Justice Department’s memo seeking an inquiry into discrimination in recruitment at colleges and universities.

Per Prof. Katznelson, this focus by the DOJ on affirmative action in higher education is a distraction from the systemic affirmative action backed by the federal government since the Great Depression which has largely benefited whites. Indeed, New Deal- and Fair Deal-era reforms addressed/established various social welfare programs which helped create a “modern middle class,” but the machinations of Southern Democrats and the long reach of Jim Crow made it so this new middle class was not an inclusive one. In fact, they specifically disenfranchised blacks and Mexican-Americans by excluding certain classes of laborers which were predominant to people of color from eligibility for benefits . What’s more, the ripple effects of these racist exclusions are still being felt today in terms of ever-widening gaps in income, opportunity and wealth inequalities along racial lines. In other words, Jeff Sessions and his ilk are confronting admissions policies at institutions of higher education and vague notions of unfairness under the assumption that there is a level playing field among larger socioeconomic factors at their intersection with race. Knowing our history and looking at the evidence, however, this is far from true.

Besides being on the wrong side of history, arguments about the unfairness of affirmative action are part of a worldview highly correlative with that of Trump supporters that appeals to diversity are a hindrance to the success of hard-working white people and create a false sense of equality between people of different races. Sean McElwee, whose analysis has been featured here on United States of Joe before, plotted out back in February in a piece for Salon how Trump’s crowd, ever wont to assail liberals for being a bunch of “snowflakes” dependent on safe spaces and trigger warnings, tend to claim victimhood in their own right. Citing reported data from the 2016 American National Election Studies pilot survey, McElwee notes how respondents who favored Donald Trump were much more likely to agree with statements that Christians face “a great deal” of discrimination and that the federal government treats blacks “much better.” This phenomenon has been termed white victimhood, and for Sean McElwee, it is the byproduct of perceived discrimination when the loss of privilege makes equality feel like something is being taken away. McElwee closes his essay with these thoughts:

Trumpism is a movement built around the loss of privilege and perceived social status and a desire to re-create social hierarchy. It is one that requires its adherents to live in a state of constant fear and victimization. This mythology requires extensive ideological work and media filtering to remain true. Conservatives must create an ideological bubble in which crime is out of control (instead of hovering near historic lows), the rate of abortion is rising (instead of falling), refugees are committing terrorist attacks en masse (they aren’t at all) and immigrants are taking jobs (it’s the capitalists), all while the government is funneling money to undeserving black people (black people receive government support in accordance with their share of the population, despite making up a disproportionately large share of the poor). Conservatives, and many in the general public, believe that Muslims and immigrants (both legal and unauthorized) make up a dramatically larger share of the population than they actually do.

At the same time, the right has created a caricature of their opponents on the left. In this imagined caricature, the left is sensitive to being “triggered” at every corner, but also capable of unspeakable political violence. The activist left are “snowflakes” on one hand, and brutal killers on the other. In reality, political violence has long been a tactic of the right, from the labor violence that left thousands of workers dead to lynchings to brutality against peaceful protesters inflicted by corporate security and police to the harassment of women seeking abortion, the destruction of abortion clinics and the assassination of doctors who provide abortions. The rhetoric of victimization has costs — white supremacists are committing unspeakable violence to combat the perceived threat of immigrants, Muslims and people of color. For the next four years, we are likely to have a government driven by perceptions of white Christian victimhood.

“Trumpist” white victimhood, to put it bluntly, feeds on promulgated falsehoods that cater to deeply-held prejudices held by those persons who wave its banner. Most disturbingly, this deception-fueled ideology has the potential to become dangerous in the wrong hands, as it has in the past. Once more near the forefront and emboldened by Donald Trump’s electoral victory, white supremacists—who are not the entirety of Trump’s base, it should be stressed, but a significant subset regardless of their size—are more visible and are acting more recklessly than they did during Barack Obama’s tenure or even George W. Bush’s stay in the White House. With Trump at the helm, all but sanctioning the violence and unrest already encouraged by a us-versus-them mentality, the threat faced by all Americans, especially those of color, is a clear and present one.


Concerns voiced by white people about discriminatory practices related to affirmative action in college admissions policies are not something new to the Trump-Sessions brain trust. Much as Donald Trump’s concessions to the United States’ racist and xenophobic underpinnings are not a starting point, but rather an outgrowth of a resentment among white Americans to changing cultural and population trends, the Department of Justice’s reservations about affirmative action are variations on the same theme. In December of 2015, this issue made it all the way to the U.S. Supreme Court. Per the case, Abigail Fisher’s contention was that she was denied acceptance to the University of Texas back in 2008 because she is white and despite being more qualified than minority candidates for available slots. As you might imagine, failing to garner acceptance at UT did not severely impair Fisher’s ability to secure a quality education; by the time her case made it all the way to the Supreme Court a second time, she had already graduated from another institution.

The case was eventually and narrowly decided four to three in 2016 to uphold the ruling of the Court of Appeals for the Fifth Circuit in favor of the university. This was not before public comments were made by the late Justice Antonin Scalia, which were characterized by his dissenters as falling anywhere on the spectrum between outmoded in one’s thinking and morally repugnant. Scalia suggested that minority students with “inferior” credentials may fare better at “a less advanced school, a slower-track school where they do well.” He went on to say that most of the black scientists in the United States did not come from schools like the University of Texas, but “lesser” schools “where they do not feel that they’re being pushed ahead in classes that are too fast for them.” These kinds of lines drew muted gasps from the audience, and perhaps rightfully so given how shockingly antiquated they seemed. Before burying Justice Scalia even further in his grave on this issue, it is worth noting his beliefs likely were grounded in what is known as the mismatch theory, which supposes that minority students will be hurt by affirmative action practices which match them to schools above their academic credentials and will struggle to succeed in this unfamiliar environment. It should also be noted, meanwhile, that numerous studies outside those of Richard Sander and other like-minded scientists have produced results which oppose this theory. For many, this would stand to reason, but it doesn’t hurt to have empirical data to give one’s argument its due weight.

For a significant portion of Donald Trump’s base of support, however, the sense of loss they feel transcends the refusal of the highest court in the United States to effectively abolish the use of consideration of race in admissions. For them, this is but one cog in a machine tuned to greater cultural sensitivity, but with this, a sense that their “cultural identity” is disappearing and the America they know with it. This is the context in which we can place the events of the last few days as they transpired in Charlottesville, Virginia. In a reaction to news that authorities plan to remove a statue of Confederate general Robert E. Lee from a city park, a mob of white nationalists holding torches rallied and marched on the University of Virginia campus. The white nationalist protestors were met by counter-protestors more than twice their number, and as might be expected, violence and unrest ensued when the two groups descended upon one another. Regrettably, people were killed and injured as a direct result of the upheaval in Charlottesville. Heather Heyer, one of the counter-protestors, died after being struck by a vehicle helmed by a man who had a fascination with Adolf Hitler and Nazism, and some 19 others were also struck and injured by the rogue automobile. Two police officers, H. Jay Cullen and Berke M.M. Bates, died as well Saturday in a helicopter crash outside the city.

The response across the country to not only the senselessness of the violence following clashes between the groups of protestors, but especially the very showing of an antagonistic group of white supremacists, was swift and vocal. Irrespective of party affiliation, politicians and non-politicians alike condemned the white supremacists and the hate which fuels them and lent itself to the turmoil in Charlottesville. Vigils were likewise quickly organized and continue to be held across the United States as a show of solidarity against the discrimination inherent in white supremacy and the terroristic nature of their assembly in Virginia this past weekend. In the immediate aftermath, however, the silence from one source on the subject of white supremacy was deafening. Unsurprisingly, that source is President Donald Trump, who only on Monday categorically spoke out against the aims of the Ku Klux Klan, neo-Nazis, and white supremacists. On Saturday, he criticized the violence in Charlottesville, but very generally and somewhat dismissively, referring to the actions of protestors on both sides rather than explicitly naming white supremacist groups. By the time Trump had made his speech on Monday denouncing their hatred, it was too little, too late. He had effectively shown his true colors, and evidently was more interested in lashing out at Merck CEO Kenneth Frazier on Twitter than adequately addressing what happened in Virginia.

With Trump’s refusal to more strongly decry white nationalism in America, outside observers were left to wonder whether it were because he is a coward who doesn’t want to lose the white nationalist vote, or whether he tacitly approves of the white nationalist agenda. Michael D’Antonio, author of a whole book on the subject of Donald Trump, explained in a piece for CNN “why Trump won’t stand up against hate.” In reality, as D’Antonio details, it’s a little of Column A and Column B. On the side of the former, and as we’ve discussed, Trump is waving the banner of “Make America Great Again,” spurring visions of a time before the intensification of the civil rights movement and tapping into this central phenomenon of white victimhood. As for the latter, meanwhile? Trump has evidenced a pattern of bigotry in his own personal and professional life. When the Trump Organization was forced to follow fair housing practices, he invoked the idea of “reverse discrimination.” He once took out full-page ads in newspapers calling for the reinstatement of the death penalty in response to the case against five teenagers and persons of color accused of the rape of a Central Park jogger. (Turns out they were innocent, which DNA testing had to prove after the fact.) He also has—huge shocker!—pointed to affirmative action as an unfair advantage for black students, and has done a poor job of naming black people within his company as executives. Plus, let’s not forget his lingering identity as one of the most outspoken leaders of the “birtherism” movement, as well as his, you know, wholesale diminishment of Mexicans as drug peddlers, rapists, and violent criminals. In short, Donald Trump is not only a coward, but a bully and a bigot. No wonder he failed a test in his response to Charlottesville that he should have aced.

As it must be emphasized, though, Trump’s catering to racists and his own racist attitudes, while they can and should be assailed, are nothing new. The response of many Americans appalled at the events of Charlottesville is something akin to “this is not my America.” Others who condemn the anger, racism and violence marking these events would be apt to point this is, in fact, your America, one built on subjugation of people of color as well as a patriarchal power struggle. While raising these considerations indiscriminately and attacking the other person is a self-defeating prospect, at the core of this drama, the need to discuss these subjects in a productive way is paramount. For too long, we have been reluctant in this country to have a honest dialog about race and associated topics like affirmative action and white privilege. Regardless of who sits in the Oval Office, it is incumbent upon we, the people, to force the issue and raise our voices when silence would otherwise stunt our social progress as a nation.

Replacing Justice Scalia with, Well, Justice Scalia

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Judge Neil Gorsuch isn’t Justice Antonin Scalia—but he’s not that far off either. (Photo Credit: Drew Angerer/Getty Images)

On the eve of the start of Black History Month, President Donald Trump didn’t disappoint his conservative fans or white supremacist supporters when he announced his nomination of silver-haired white dude Neil Gorsuch to fill the vacancy in the Supreme Court left when Justice Antonin Scalia left this Earth and departed for that big courthouse in the sky. Gorsuch, despite being the youngest SCOTUS nominee in a quarter of a century, has the pedigree of a Supreme Court Justice. He’s studied at Columbia, Harvard, Oxford—not a shabby hand, eh?—and in terms of his professional career, he’s been a clerk for a United States Court of Appeals judge and two Supreme Court Justices (Byron White and Anthony Kennedy), worked in a D.C. law firm, was principal deputy to Associate Attorney General Robert McCallum at the DOJ, spent time as a Thomson Visiting Professor at the University of Colorado Law School, and has served in his current role as a judge on the U.S. Court of Appeals for the Tenth Circuit out of his duty station in Denver, Colorado.

In other words, Judge Gorsuch is, unlike a number of Trump’s picks for his Cabinet, eminently qualified for the position for which he has been tapped, and for that, I respect the man. Do I think he should be confirmed as the next Supreme Court Justice, however? In a word, no. It’s nothing personal. I mean, heck, I didn’t know who the guy was until Pres. Trump’s prime-time announcement. Regardless, as I’m sure a number of key Democrats do, I have concerns about his priorities as a jurist and whether or not he would let his political and personal/spiritual ideologies interfere with his interpretation of the Constitution as a member of SCOTUS. Accordingly, I feel the Dems should take their time and do their due diligence before rubber-stamping Neil Gorsuch into service on the highest court in the country. After all, and if nothing else, it’s only fair.

On that last note, let’s take a few steps back and consider the current political climate in which we’re operating. In a vacuum, given his extensive experience, Gorsuch might not be considered a terrible pick, or at the very least, Democrats might have been more willing to work with the Trump administration and Republicans on moving along the confirmation process at a brisker pace. With Pres. Trump in the midst of signing a slew of grotesque executive orders to start his tenure in the Oval Office, however, and in light of the GOP’s obstruction of the Democrats’ own pick to fill Scalia’s vacant seat in the Supreme Court in the remaining months of President Barack Obama’s run as Commander-in-Chief, a measure of resistance on the Dems’ part might not only be advisable, but warranted.

Antonin Scalia died on February 13, 2016, and Obama officially nominated Merrick Garland to fill Scalia’s vacancy on March 16, 2016. The move on President Obama’s part to pick Garland, in addition to selecting someone highly experienced in his own right, was intended to force the hand of Republicans in the Senate. Would GOP lawmakers confirm Merrick Garland and resign to having a Supreme Court Justice many of them admired, but wasn’t as conservative as the more vocal factions within their ranks would have liked, or would they be a dick about things and refuse to hear Garland on principle that he was Obama’s choice and therefore had to be neutralized? Um, I think you know where this is going. Senate Majority Leader Mitch McConnell and the Republicans chose to be a dick about things. No hearings. No votes. Nothing. Essentially, they refused to do their jobs, claiming they lacked sufficient time to process Garland’s nomination and that the incoming President should decide who fills the vacant SCOTUS seat—even though they realistically had plenty of time to respond to Merrick Garland’s bid, and there was no standard or tradition which prevented a President of the United States from nominating someone to fill a sudden vacancy in his or her final year in office. Yup, Senate Republicans were being huge dicks.

Now, of course, the shoe is on the other proverbial foot, with of course the difference being that the Republicans had a majority in the Senate then and do now, which explains why they’ve been so keen to try to ram-rod President Trump’s Cabinet picks through the confirmation process. Not only do Republican leaders seek this treatment with Neil Gorsuch, however, but to an extent, they seem to expect it. The aforementioned Mitch McConnell had this to say about what he hopes to see from his Democratic Party counterparts:

In the coming days, I hope and expect that all Senate colleagues will give him fair consideration just as we did for the nominees of newly-elected presidents Clinton and Obama. This is a judge who is known for deciding cases based on how the law is actually written, even when it leads to results that conflict with his own political beliefs. He understands that his role as a judge is to interpret the law, not his own viewpoint.

Well, Sen. McConnell, you certainly talk a good game. Indeed, McConnell is not the only person to speak highly to Gorsuch’s credentials or his education, and Trump’s nominee has been known to diverge from his conservative principles when it suits him. Still, this blanket praise for Judge Gorsuch seems to be what we should anticipate from our federal jurists at somewhat of a minimum. Deciding cases based on how the law is actually written, interpreting the law and not one’s own viewpoint—these, one might argue, are important ethical standards for any judge. That is, Neil Gorsuch shouldn’t be assumed to be or propped up to be superior to other judges just by virtue of remaining free from bias. By this token, we should ask nothing less of the man, especially if he is to take up residency on the Supreme Court.

As for the timing of the SCOTUS nomination, Mitch McConnell conveniently leaves out what happened not at the onset of Barack Obama’s tenure, but in its twilight: that of the refusal to even dignify Merrick Garland’s nomination with a response. Thus, if Republicans are indignantly claiming that Democrats delaying votes to request additional disclosures from and information about key Cabinet picks or seeking to drag their feet on confirming Mr. Gorsuch is fundamentally and substantially different from their move to block Garland’s nomination so as to eliminate their chance of replacing the late Antonin Scalia with someone other than another version of him, let me not mince words by offering that this is complete and unmitigated bullshit. 

Moreover, claiming that “the people” should be effectively allowed to pick the next Supreme Court Justice nominee by choosing the President is also balderdash, hogwash, and poppycock. Not only should politics not get in the way of going through the motions on reviewing a candidate for a SCOTUS vacancy (i.e. if you want to be dicks and refuse him after giving him a hearing, OK, but at least give him that), but numerous constituents did use their voice during the months of the GOP refusal to acknowledge President Obama’s nomination, and it was in protest, with the common refrain from those in dissent being “Do your job!” Especially for members of a political party that has made it a habit of treating those buoyed by the social safety net as lazy, shiftless sorts, refusal by Republican Party leaders to entertain Obama’s selection in the name of politics could be seen as blatantly hypocritical. At any rate, rather than heed the desires of all their constituents, Mitch McConnell and Co. catered to their base. Not terribly surprising, but ideally, not how lawmakers professing to act in everyone’s best interests should be acting.

Before we get ahead of ourselves in conceiving of Democratic Party resistance to Donald Trump’s nomination for the Supreme Court as political ransom, if not brinkmanship, it should be stressed that key Democrats do see legitimate reasons, if not to vote against Neil Gorsuch outright, to, if nothing else, demand the chance to engage him directly on his views and trends within his judicial record. Richard Primus, in a well-thought-out piece about Gorsuch for Politico, identifies him by the designation “Scalia 2.0,” a nod which probably won’t gain him much traction with Scalia 1.0’s detractors. This passage, in particular, perhaps best encapsulates the thrust of Primus’s article, and in doing so, puts President Trump’s nomination in a historical context:

The most sensible way to think of Gorsuch may therefore be to imagine what Scalia might have been if he had come along thirty years later. Scalia came of age at a time when legal conservatives were doing battle with a relatively liberal Supreme Court. Perhaps not surprisingly, they framed their views in terms of judicial restraint and deference to majoritarian lawmaking. Gorsuch’s generation of conservatives, which has lived its whole adult life with a more conservative Court, seems more inclined to see majoritarian regulation as the problem and the judiciary as a good solution.

If Richard Primus makes this very general distinction, though, why the allusion to Judge Gorsuch as a new version of Justice Scalia? Despite the two men operating or coming of age, so to speak, in different eras, they share the same staunchly conservative views on a number of key issues, including abortion, affirmative action, capital punishment, and firearms, which obviously appeals to the right. Meanwhile, noting the divergence within the quoted passage above, Neil Gorsuch tends to differ from Antonin Scalia on the dimension of the role of the courts in relation to business regulation, favoring instead greater judicial discretion and, therefore, diminished capacity for regulatory agencies to interpret existing statutes, and on the specific issue of the First Amendment, Gorsuch appears inclined to view “religious freedom” more expansively, which would stand to give businesses and closely-held corporations more leeway in how they operate and how they pay their taxes (or don’t). Again, a seeming victory for the religious right, notably evangelicals, who came out strongly for Trump in the 2016 election. In all, the concern is that Judge Gorsuch, as a Justice on the Supreme Court, would favor corporate interests over the concerns of average Americans, and would emphasize “religious freedom” over individual liberties and freedom from discriminatory business practices.

In all, representatives from both parties would appear to have important decisions to make in the coming days and weeks regarding Neil Gorsuch’s nomination. For Democrats, the chief concern is whether or not they should compel Republicans to seek 60 votes to confirm President Trump’s nominee. Under a procedural vote known as cloture, the minority party in the Senate has the ability to require the approval of 60 senators to end the debate over a candidate for a position as vital as Supreme Court Justice and advance to an up-or-down vote. Senate Minority Leader Chuck Schumer, for his part, has indicated his party’s intention to seek this strategic avenue rather than to acquiesce Gorsuch’s confirmation, though some Democrats conceivably could be concerned about employing this tactic only to have it used against them in the future, and would accordingly opt to fight harder another day on another issue.

Republicans, meanwhile, could override the 60-vote requirement of the cloture-filibuster-strategic-thing-a-ma-jig—you know, assuming the Dems actually go ahead with a unified front in favor of such a maneuver—by making use of the so-called “nuclear option.” This would involve an actual change of the rules for filibustering a Supreme Court nominee, enabling the GOP to push Neil Gorsuch through the confirmation process like poop through a goose. Donald Trump, because he is a big, stupid baby and wants to get his way all the time, has advised his Republican confederates to use the nuclear option at first sign of a potential deadlock on Gorsuch’s nomination. (Side note: even when not involving actual nuclear weapons, Trump seems way too eager to use the nuclear option. Dude may have a nuke problem, in fact. Just saying.) Understandably, despite their recent history of dickishness, Republican leaders may be reluctant to “go nuclear,” along similar lines as to why Democrats might be hesitant to insist on 60 votes to confirm Judge Gorsuch. As this report by Jake Miller for CBS News details, such a rule change would come fairly close on the heels of a shift in 2014 to require only a 51-vote majority to confirm non-Supreme Court judiciary and executive branch nominees, and could be seen as greasing the ever-slippery slope away from what many would argue is a necessary system of checks and balances for the federal government. Besides, they, too, by changing the rules of the engagement, run the risk of having this tactic turned around on them.

I, of course, as a registered Democrat and as someone who would like to see the Democratic Party regain control of the Senate, if not the House and White House eventually as well, have a dog in this fight over Justice Antonin Scalia’s vacant seat on the Supreme Court. Perhaps unsurprisingly, I hope Senate Democrats filibuster the nomination of Neil Gorsuch, and do whatever is in their power to prolong the confirmation process in light of ideological differences they have with Judge Gorsuch. You know, push back a little. Show us party supporters you have a backbone, for Christ’s sake! Granted, challenging Republicans on the Gorsuch nomination and taking back control of the executive and legislative branches is only as good as the commitment to truly progressive policies and principles, something which isn’t exactly guaranteed from a party that just went all in on Hillary Clinton as its presidential nominee. In the short term, however, Neil Gorsuch can and should be resisted as an extension of Donald Trump’s and the GOP’s pro-business, anti-personal-freedom agenda. Case closed.