A WELCOME CHANGE:  Trump Administration considers action on disparate impact liability.

A FRAUD ON THE PEOPLE OF WASHINGTON STATE: In 1998, Washington voters adopted Initiative 200 (or “I-200”) by a wide margin (58%-42%). Its operative clause states, “The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting.”

These days, like California’s Proposition 209 on which it was based, I-200 is honored only its breach in some areas. But it has been reasonably effective in the area of public contracting in particular.

Now comes the effort to repeal it. Last week the Washington Secretary of State certified for the ballot an initiative (“Initiative 1000” or “I-1000”) which, if passed, will bring back race and sex preferences in public education, public employment, and public contracting. But it does so in a sneaky and fraudulent way. It retains I-200’s operative clause. It even expands it:

“The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin, age, sexual orientation, the presence of any sensory, mental, or physical disability, or honorably discharged veteran or military status in the operation of public employment, public education, or public contracting.”

But it then defines “preferential treatment” this way:

“‘Preferential treatment’ means the act of using race, sex, color, ethnicity, national origin, age, sexual orientation, the presence of any sensory, mental, or physical disability, and honorably discharged veteran or military status as the sole qualifying factor to select a lesser qualified candidate over a more qualified candidate for a public education, public employment, or public contracting opportunity.”

Nobody has ever used race, sex, color, etc., as “the sole qualifying factor” for anything. If race had been the sole qualifying factor in Grutter v. Bollinger, that would have meant that every single African American gets in and no Asian or white does. It’s a ridiculous notion. The point of I-200 is that the listed factors should neither count against a person nor in his or her favor.

Another section of the proposal makes it clear that the original I-200 is being eviscerated:

“Nothing in this section prohibits the state from implementing affirmative action laws, regulations, policies, or procedures such as participation goals or outreach efforts that do not utilize quotas and that do not constitute preferential treatment as defined in this section.” 

If somebody in Washington State wants to give the people of Washington the opportunity to repeal I-200, they should be clear and upfront about it.

Here in California, Proposition 209 is responsible for increasing college GPAs, college graduation rates, and STEM degrees for African Americans.  There is no reason to believe that the same thing didn’t happen under Washington State’s I-200.  It needs to be more more strongly enforced rather than repealed.

THE PROPOSED EMPLOYMENT NONDISCRIMINATION ACT (“ENDA”) EXAMINED: ENDA, which is expected to receive attention in the House of Representatives this year, would make it illegal to discriminate in employment on the basis of sexual orientation (narrowly defined) or on the basis of gender identity (broadly defined). I’ve written about some problems with the bill. Even those generally sympathetic to the goal of outlawing employment discrimination on the basis of sexual orientation might want to consider them.

(Update: The piece linked to above doesn’t deal with the religious exemption issue.  For that, see generally here.)

WHY DON’T WOMEN LIKE NICE GUYS?: Yale women demand admission to fraternities that they allege sexually harassed them.

GLENN LOURY, JASON RILEY, MICHAEL FORTNER & OTHERS: Black scholars challenge Progressive narratives in Barriers to Black Progress Forum:

“There are stories out there. And one of the stories is that [an] unrelenting, overbearing white supremacist society won’t give black people a chance,” Brown University Professor Glenn Loury said. “And I ask them, do you believe that seven in 10 black children born to a woman without a husband, that fact, is due to an unrelenting white supremacy?”

Video here.

UNIVERSITY OF ARIZONA PROFESSOR SUES STATE FOR NOT INSURING TRANSGENDER SEX REASSIGNMENT SURGERY: Meanwhile, there is the story of Jamie Shupe. Just last September, Shupe was being celebrated in the New York Times as a transgender woman. A few weeks ago, however, Shupe decided to resume living and identifying as a man. Fortunately for Shupe, I don’t think he’d had any surgical interventions.

Something tells me there will be more stories like Shupe’s in the coming years. Surgical interventions will make many of the stories tragic for those who later regret their inability to have children.  Those who spend years of their lives shot up with hormones not normal for their bodies may pay a price too.

UPDATE:  Note that Jamie Shupe’s decision to resume living as a man (which I believe took some courage) is evidently not considered newsworthy in the mainstream media.  That’s predictable.

TODAY IS THE 172^nd ANNIVERSARY OF THOMAS EDISON’S BIRTH: President Reagan issued a proclamation in 1983 making Edison’s birthday Inventors’ Day and urging that it be celebrated with appropriate ceremonies and activities.

I would celebrate by thinking happy thoughts about Edison while  purchasing light bulbs on Amazon. But, alas, here in California, buying light bulbs over the internet is a very unpleasant chore. When I try to check out I find the light bulbs I chose are forbidden to residents of the Golden State.

A PEDOPHILE ON THE RESERVATION:  With commentary by Powerline’s John Hinderaker.

NEW YORK TIMES FINDS WAY TO BLAME GOP FOR VIRGINIA MESS:  “Virginia Political Crisis Grows for Democrats and Republicans.”

INVENTOR OF THE PLOW THAT BROKE THE PLAINS: On this day in 1804, John Deere was born.

IT’S THE DEMOCRATIC WAY: Georgetown students to vote on whether to tax themselves to pay slave reparations.

SEN. SHERROD BROWN RECOMMENDS: … that we all read Michelle Alexander’s The New Jim Crow:  Mass Incarceration in the Age of Colorblindness to learn how racist our criminal justice system is.

Here’s my recommendation:  Read my essay that discusses how real racists used to ignore crime in African-American neighborhoods, because they didn’t give a d*mn.  I worry that the “debate” over criminal justice reform has become very one-sided.

SAN DIEGO STATE UNIVERSITY HIRED THE FORMER UC-DAVIS VICE CHANCELLOR FOR STUDENT AFFAIRS AND CAMPUS DIVERSITY TO BE THEIR PRESIDENT: This is what they are getting for it.

“ONE WORD: PLASTICS”: One this day in 1909, Belgian-born Leo Baekeland announced the invention of Bakelite at a meeting of the New York Section of the American Chemical Society, thus beginning the Age of Plastics. Bakelite was the first plastic to retain its shape at high temperatures. It was used for telephones, auto parts, electrical appliances and lots of colorful jewelry.

“ASSIMILATION” IS A DIRTY WORD: The outraged reaction Tom Brokaw got to his suggestion that Hispanic immigrants should work to assimilate into mainstream American culture was predictable. Alas, the federal government’s official policies have helped create our current anti-assimilationist culture. Here’s just one example.

BABYLON BEE: “GRAND CANYON UNIVERSITY DISINVITES JESUS FOR CAUSING DIVISION”: Yes, it’s satire. But for GCU, a conservative Christian institution, to disinvite Ben Shapiro was silly and cowardly.  (See also Glenn’s post below.)

ALL HAIL NORTON I, EMPEROR OF THE UNITED STATES, PROTECTOR OF MEXICO: On this day in 1818, Joshua Norton was born in Britain, before immigrating to South Africa at the age of two.  As a young adult, he left South Africa with a small inheritance and came to San Francisco.   There, he appeared for a while to be a reasonably successful, though perhaps slightly eccentric, businessman.

Unfortunately for Norton, one very bad investment—attempting to sell Peruvian rice to China–pushed him into bankruptcy. After that he was no longer slightly eccentric, but rather very eccentric.

How eccentric was that? In 1859, he proclaimed himself Emperor of the United States:

At the peremptory request and desire of a large majority of the citizens of these United States, I, Joshua Norton, formerly of Algoa Bay, Cape of Good Hope, and now for the last 9 years and 10 months past of San Francisco, California, declare and proclaim myself Emperor of these United States; and in virtue of the authority thereby in me vested, do hereby order and direct the representatives of the different States of the Union to assemble in Musical Hall, of this city, on the 1st day of February next, then and there to make such alterations in the existing laws of the Union as may ameliorate the evils under which the country is laboring, and thereby cause confidence to exist, both at home and abroad, in our stability and integrity.

— NORTON I., Emperor of the United States

San Franciscans liked the guy. He seemed harmless enough. He even had some good ideas–like building a bridge over the bay.  The newspapers routinely carried his proclamations. Merchants sold “Emperor Norton” souvenirs. He issued his own currency, which was honored by businesses he patronized. The whole thing was rather adorable.

Dressed in full military regalia, complete with a beaver hat decorated with a peacock feather, Norton was a frequent sight on San Francisco streets, where he was usually treated with respect (or at least indulgence). After all, what’s not to like about a guy who issues a proclamation abolishing Congress?

This went on for over 20 years. Then, in 1880, at the age of 61, Norton collapsed on the street and died. San Francisco was in mourning.

Of course, an Emperor’s funeral should be splendid.  And so Norton I’s was (despite the fact he was himself close to penniless). Members of a San Francisco businessmen’s association paid for a nice casket. And as many as 10,000 people lined the streets to pay their last respects to their beloved Emperor.  San Franciscans really liked the guy; it’s enough to make one really like San Francisco.

Alas, that was back when San Francisco had a sense of humor. These days too many San Franciscans believe or claim to believe that half their fellow Americans are “haters.” If they really believe that, it isn’t surprising that they don’t have much lighthearted fun anymore.  It’s got to be exhausting to have to carry the torch of virtue with so little help from one’s countrymen.

THE MYTH THAT THE SUPER BOWL IS A MAJOR OCCASION FOR CHILD PROSTITUTION (AND OTHER MISINFORMATION ABOUT “SEX TRAFFICKING”): There is something in the human soul that likes to be titillated by stories of inappropriate sex. As a result, we sometimes overestimate how much of it is going on. I wrote about how that tendency can get in the way of wise and effective public policy here.

IT WORKED WHEN I TRIED IT: On this day in 1920, Dr. Henry Heimlich, originator of the abdominal thrust technique called “the Heimlich Maneuver,” was born. This technique has likely saved many thousands from choking to death (though other techniques may work as well or better in particular circumstances).

Thirty some years ago, I had occasion to use it. A good friend of mine at the office was tossing hard candies into the air and catching them in his mouth. (This friend is really smart.  I don’t know what got into him that day.)  One got stuck in his windpipe … really stuck. He couldn’t even making choking noises; it was in there too well. My first instinct was to find somebody quickly who knew what to do. But then I realized, “Holy crap … this needs to done right now.”

It worked like a charm. I can do it. At least that time I did it. You can do it too.

I HADN’T THOUGHT OF THIS, BUT IT SOUNDS RIGHT TO ME:  Elizabeth Warren’s wealth tax may be an unconstitutional direct tax.

“WHERE ARE THE BLACK [LAW FIRM] PARTNERS?” ASKS THE AMERICAN LAWYER: But the real question should be “Where are the black lawyers?” The answer, alas, is that race-preferential admissions policies in law school are likely reducing rather than increasing their numbers. Ditto for physicians, scientists, engineers and college professors generally.

IT’S THE 100TH ANNIVERSARY OF THE GREAT JACKIE ROBINSON’S BIRTH:  Read his whole Wikipedia bio.  He was a bit of a conservative.

INTERN NATION: Why do so many recent college grads have to undergo the indignity of an unpaid internship (or several unpaid internships) before they can land a real paying job these days? Part of the answer lies here.

THE END OF SLAVERY IN SIGHT: On this day in 1865, the U.S. House of Representatives passed the Constitution’s Thirteenth Amendment, prohibiting slavery and involuntary servitude. Since the Senate had already approved the measure, the proposed Amendment was then placed before the state legislatures for ratification.  That came quickly. Within a week, 11 states had ratified, led by Lincoln’s Illinois. By December, the requisite ¾ of states had approved the measure.

Ratification beyond the ¾ of states was purely symbolic. But since the Thirteenth Amendment was more significant than most, some states ratified even though their assent was no longer needed. Among the stragglers were Delaware (1905) and Kentucky (1976), both of which had initially rejected it. The most recent ratification came from Mississippi in 1995. Better late than never.

BAMN, BAMN, BAMN: Remember when I told you about the Antifa group called the Coalition to Defend Affirmative Action Integration & Immigrant Rights and Fight for Equality By Any Means Necessary (“BAMN”)? They’re down at the border near San Diego now. Same folks. Same crazy.