The Department recently filed a brief supporting the use of race-based preferences at the University of Texas. Holder’s DOJ wants Texas to be able to give extra admissions credit to the skin color of certain college applicants. Of course some races won’t get the benefit of these racial preferences, while the political allies of the administration will.
Soon after his confirmation, Attorney General Eric Holder labeled us a nation of cowards, a people supposedly unwilling or afraid to discuss race. Based on my experience as an attorney at the Civil Rights Division at the Justice Department, Holder has far more to fear from that discussion than do the rest of us.
If we had that frank, truthful discussion about race, we’d learn that the Obama administration doesn’t believe some civil rights laws protect every American. The Bush Civil Rights Division was willing to protect all Americans from racial discrimination; during the Obama years, the Holder years, only some Americans will be protected. Americans have a right to know and judge the racial policies of the administration they elected in 2008.
The dismissal of the voter intimidation lawsuit against armed New Black Panthers in Philadelphia is the most prominent example of this hostility toward race-neutral enforcement of civil rights laws. But that dismissal is far from the only manifestation of the beliefs infesting the Department. Many other cases and decisions — some of which I will detail below — are in question and deserve scrutiny.
On Election Day 2008, armed men wearing the uniforms and jackboots of the New Black Panther Party were posted in Philadelphia, Pennsylvania, at the entrance to a polling site. They brandished a weapon and intimidated voters. After the election, the Civil Rights Division at the U.S. Department of Justice brought a voter intimidation case against the New Black Panther Party and these armed thugs. I, and other Justice lawyers, obtained an entry of default after the defendants ignored the case against them.