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Does the Supreme Court Exist to Protect White Straight Supremacy? (Robert Reich)
The Supreme Court recent unanimous ruling in Ames v. Ohio Department of Youth Services hasn’t got nearly the attention it deserves.On the surface, the ruling seems innocent enough. The Court merely decided that white and straight employees who allege they’ve been discriminated against don't need to meet a higher standard of proof than do Black or LGBTQ+ employees who sue for discrimination under Title VII of the Civil Rights Act.
(Prior to this ruling, some courts had required that white or straight employees demonstrate not only that they were discriminated against but they also worked in a discriminatory environment.)
The Court’s decision in Ames appears a logical extension of the 2023 ruling by its six conservative justices ending race-conscious admission programs at colleges and universities across the country.
But seen against Trump’s bigoted agenda and the widening discrepancies between the political power of Black or LGBTQ+ people relative to the power of white straight people, the Ames case should trouble everyone.
Trump and his lackeys have argued that discrimination against white and straight Americans occurs under the cover of diversity, equity and inclusion. And Trump has gone to great lengths to undo what it calls “illegal D.E.I.” — ousting diversity officials from federal agencies and removing D.E.I. references from government websites.
The Ames ruling could be the death knell for D.E.I. because it makes it easier for white and straight people to argue that a D.E.I. policy at the workplace caused an employer to discriminate against them.
The Supreme Court I got to know in the 1970s when I worked in the Solicitor General’s office understood its responsibility to balance the scales of justice in favor of the powerless — including Black people, women, and gay people.
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Similar sentiments have been posted elsewhere, but this Supreme Court majority seems hell-bent on eliminating Equal Protection from the Constitution itself, under the guise of enforcing it. It's of the laws is deliberately skewed in only one direction - and not even subtlety - to favor straight Christian white men. They extendedthat process - by that same 6-3 gerrymandered majority - just yesterday, in United States v. Skrmetti, upholding a Tennessee law that prohibits gender-affirming treatment for minors without even pretending to consider the impact on those children and families.
This Court, led by that charlatan John Roberts, will go down in history as the worst Court ever, surpassing even the Taney Court that gave us Dred Scott (which ruled that blacks are not citizens) and the Fulller Court that have is Plessey v. Ferguson (legitimizing Jim Crow laws for 70 years). They aren't troubled by this, but seem to relish being as draconian and anti-Constitutional as possible.
Words cannot adequately express my disgust.