Discussion about this post

User's avatar
TheAbjectLesson's avatar

In law school (in the late '90s, I have some idea that this would not be taught today) - there is a particular case that ALWAYS causes problems - Shelley v. Kraemer. Everyone knows it is entirely wrongly decided: the finding of "state action" in the court's enforcement of racially restrictive covenants makes no sense in the larger context of what "state action" the Constitution limits. Robert Bork pointed out in a 1971 law review article the obvious problems with Shelley, as well as a bunch of other hot button civil rights cases. That article was used to call him a racist and crater his SCOTUS nomination. (Link to the offending scholarly piece - https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2720&context=ilj).

We had a professor who had worked in the Civil Rights Division of RFK's DoJ during the 60s. He pointed out that RFK as AG wanted to "end racism" but ran up against the problem Bork identifies - and you have as well - it smacks right up against the 1st Amendment and Free Association clause. The Supreme Court - largely infested with the "progressives" of any area - has been the architect of all of the mischief around race relations, from Dred Scott causing the Civil War to Plessy v. Ferguson enshrining "separate but equal" to Brown v. Board's attempts to un-ring the bell. All of it has been caused by the Supreme Court.

Expand full comment
Artie11's avatar

I have thought something like this for a while. Making a law about something allows for litigation on that thing and discrimination laws are a slippery slope to take away people's freedom of action and eventually, thought. I think society eventually comes around to doing the right thing----it just takes a long time. A true Christian wants only good for his fellow man---which is ideal for society. But you cannot MAKE someone become a Christian. They have to come to it in their own mind. It seems like whenever we try take control of others, it does not work out. We need to remember this. It is so difficult to see someone being treated unfairly, but the answer isn't always to make a law.

Also, according to Thomas Sowell, more black families were intact and in or moving towards a good place before the 60's than after.

Expand full comment
32 more comments...