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Professor Jacobson strikes a blow against neo-segregation at the University of Minnesota

In 1963, George Wallace, the governor of Alabama and a Democrat, declared his support for ‘segregation today, segregation tomorrow, segregation forever!’ and modern progressives seem to agree. Recently we have seen a rise in outright segregation in schools:

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We call this relatively recent resurgence of discrimination and segregation ‘neo-segregation.’

Naturally, these people think such discrimination is legal because it is anti-white discrimination. We have heard many people claim that somehow white people are not protected by anti-discrimination laws.

This is wrong as a matter of black letter law. For instance, 42 U.S.C. § 2000e-2 prohibits discrimination (in part) as follows:

It shall be an unlawful employment practice for an employer … to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin[.]

So, contrary to what some people think, the law doesn’t say something like ‘it is illegal to discriminate against non-white persons.’ It says it is illegal to discriminate because of race (and other factors). This is frankly how most of our civil rights laws are written. They don’t protect groups, but instead forbid people from the consideration of certain factors, such as race.

And, in the case of a state school, like the University of California at Berkeley …

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… they have to also contend with the Fourteenth Amendment’s Equal Protection Clause. When it comes to racial discrimination, under the Equal Protection Clause that discrimination is presumptively invalid and it has to be narrowly tailored to further a compelling governmental interest. Lawyers know that racial discrimination almost never passes this test.

Which brings us to this nonsense at the University of Minnesota. As first reported by Professor William A. Jacobson …

… the University of Minnesota created an internship program, but white people need not apply:

The University of Minnesota has a summer internship program called the Multicultural Summer Research Opportunities Program (‘MSROP’) – a 10-week summer research program for undergraduate students that is only available to non-white applicants.

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The website explicitly listed color as a qualifying criterion:

We always find these kinds of listings to be weird. First, calling non-whites ‘people of color’ seems uncomfortably similar to calling them ‘colored people’ which we thought was a term we left behind. It’s also scientifically inaccurate: white is a color. Furthermore, they strangely separate out specific groups creating redundancies. For instance, the weirdly popular term ‘BIPOC’ stands for ‘black, indigenous and people of color’ as though the term ‘people of color’ wasn’t already understood to include black and indigenous people (a.k.a. Native Americans).

A similar redundancy is seen in this University of Minnesota program, saying one could be a ‘Student of Color or a Native American.’ Why separate Native Americans from ‘Students of Color?’ Wait, are they implying that a Native American doesn’t have to be a student to be eligible? (That’s a joke, but it is what they accidentally imply with this nonsense.)

You might know that Prof. Jacobson is the founder of the very excellent Legal Insurrection, and also founder of the Equal Protection Project. He reports that the Equal Protection Project filed a complaint with the Office of Civil Rights of the U.S. Department of Education, which mainly says the obvious: this is racial discrimination and this is illegal.

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Late Monday night, however, he could report significant progress:

If you go through the post, you see that he reported on the news that the University of Minnesota was ‘reevaluating’ the program after his complaint got some significant attention. Then he reports that the Daily Mail caught them scrubbing the website:

From the article:

After attention was drawn to the program, it appears the university has removed the eligibility requirement that a candidate must be Native American or a person of color. Now, the requirements only say participants must be U.S. citizens or permanent residents.

Now, that means they are no longer engaging in open discrimination. But only time will tell if they are still engaging in secret discrimination.

Naturally, there were reactions to this story:

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Any lawyer who signed off on this is incompetent.

We are reading that as sarcasm.

Finally, for some perspective, this Tweeter demonstrates how such discrimination endangers civil rights for everyone, not just white people:

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That is the inevitable result of such racial discrimination. It might start as discrimination against white people, but will eventually become discrimination and segregation justified against all races, creating a great deal of division, but few winners. Sadly, the modern progressives (like old school progressives like President Woodrow Wilson), are determined to take us down that path.

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