Little by little, as media sources obtain access to previously unavailable information, Americans are learning the true extent of the criminal and racist activities of the Trump administration–and far more concerning, we are now seeing how far gone, how amenable to those characteristics, today’s QOP remains.
One example among many: in the final, lame-duck days of the administration–after the election but before Biden’s inauguration–the Justice Department moved to undo what the Washington Post called “decades-long protections against discrimination,” by
moving to change the interpretation of Title VI of the 1964 Civil Rights Act.
Title VI bars discrimination on the basis of race, color or national origin by recipients of federal funding. The rules apply to the recipients of some six billion dollars of annual federal aid, and provide that actions will be considered discriminatory if they have a demonstrably discriminatory effect on protected groups. That’s what’s known as a “disparate impact.” Under the new version, only intentional discrimination would be prohibited.
Intentional discrimination is incredibly difficult to prove, as lawyers who bring cases under the Equal Protection Clause of the 14th Amendment can attest. (In order to succeed, challenges brought under that clause must show evidence that at least a part of the challenged law or action was intended to be discriminatory.)
According to the Post’s report, the Trump administration had been considering the change for over two years, but had waited until its final weeks to try to put it into effect. It was one of William Barr’s last efforts before his welcome departure as Attorney General.
And as usual, the Trump administration ignored the required procedures for making significant policy changes.
Typically regulations of this magnitude are published first as proposals and the government collects public comment before publishing its final version. It would be unusual to publish a final regulation — particularly one of this magnitude — without going through that process, but the document says that its proposal falls under an exception and therefore the administration is not required to seek public comment.
Conservatives have long argued that allegations of discrimination should require proof that any disparate effects were intentional. If this argument is accepted, it allows the defense to deny the existence of structural racism: if person X doesn’t have a conscious animus, then what he does isn’t racist. So the bank officer who declines a mortgage under his bank’s redlining criteria, the police officer who participates in “stop and frisk” activities only in “certain” neighborhoods, the HR department that hires applicants based upon “cultural compatibility,” the City Council that paves streets far more frequently in the “nicer” areas of town–all are off the hook.
If no one is burning a cross on a Black person’s lawn, or screaming the “n” word, there’s no racism.
The Trump administration’s effort to bolster structural barriers to equality is just one of many examples of what has become distressingly clear during the past four years: today’s QOP is our contemporary version of the Confederacy. It is dominated by White Christian male supremacists intent upon doing whatever it takes to protect their historic hegemony–intent upon ignoring/excusing the operation of systems developed and maintained over the years that lock in White advantage without demonstrating cruder, more obvious bias.
It is not a coincidence that those willing to engage in that cruder racism–the “out and proud” racists of the KKK and Proud Boys and neo-Nazis– flocked to Trump and today’s Republican Party. The efforts of more “respectable” members of the party to maintain plausible deniability–to distance themselves from their Confederate motives– is increasingly unconvincing.
The problem, as I have repeatedly noted, is that a two-party system needs two adult parties. It will be interesting to see if the embryonic efforts to form a new center-right party to replace the cult that is the current QOP go anywhere….