Institutional racism cases should now end

Originally published by our, Mike “gamecock” DeVine as Charlotte Law and Civil Rights Examiner for Examiner.com

Barack Obama’s election to lead America’s largest institution, its government, by a 75% Caucasian electorate, should eliminate further civil rights claims not based on actual racist acts by identifiable flesh and blood racists.

When a self-identified African-American receives more votes for president (both actual and as a percentage of the majority group) than a blue blood white guy from Massachusetts, it is time to “no-bill” racism indictments against its institutions.

State, and especially federal laws, have long allowed for civil lawsuits, especially since passage of the 1964 Civil Rights Act, seeking monetary damages as well as injunctive relief for racial discrimination in employment, college admissions, and many other areas.

Originally these laws only allowed for cases that proved intentional acts of discrimination against government or private employer defendants. Over the past five decades, however, federal courts (and some revisions by Democrat majorities in Congress) created a new cause of action for supposed institutional racism based primarily upon statistics in hiring, firing, and promotions within government or companies and admissions to colleges and universities.

The underlying assumption of such claims was that most white Americans were racist, even if they didn’t realize it, and so, were incapable of not discriminating against racial minorities. In 2003, then Supreme Court Justice Sandra Day O’Connor penned a majority opinion upholding the use of race as a factor in law school admissions in an affirmative action case that suggested such policies would be necessary for another 25 years.

She must have meant “dog years.”

In North Carolina generally, but especially in Charlotte-Mecklenburg County, Obama bested Kerry’s 2004 vote totals among whites by 35-27 percent:

“The uptick in white support helped Obama win Mecklenburg County with 62 percent of the vote — a margin that stunned even Democratic Party activists. The inroads among white voters also helped Obama outperform Kerry across the state, even in rural areas in the east and in conservative counties ringing Charlotte. Kerry also won Mecklenburg County in 2004. And while McCain got about the same number of votes in Mecklenburg as President Bush in 2004, Obama got 50 percent more votes in the county than Kerry. The turnout percentage was about the same in both elections.”

Any objective observer of cultural and political America for at least the last 4-30 years must admit the diminishment of race as a significant factor in the choices white Americans make, and that what doomed Kerry and most past democrat losers were their liberal political views without regard to race. (See Oprah, Michael, Tiger, Powell, Thomas and Rice, et. al.)

Many prominent blacks on the left and center left are heralding Obama’s election as proof of the above. The best example from an early African-America Obama supporter:

“Now, if this racism of the scattered and subliminal varieties were the obstacle to achievement that Jim Crow and open bigotry were, then we would have a problem. But yesterday, we saw that this “out there” brand of racism cannot keep a black man out of the White House.

Might it not be time to allow that our obsession with how unschooled and usually aging folk feel in their hearts about black people has become a fetish? Sure, there are racists. There are also rust and mosquitoes, and there always will be. Life goes on.

I know–what about “societal” racism? Well, if we can now relax about the backward folk “out there,” then maybe Obama in the White House can help open up an honest discussion about the role racism does not play in black communities’ problems.”

Sandra Day O-Connor was obviously wrong about White America, and now we have the statistical data and the ultimate symbolic evidence (President-Elect Obama) to prove it.The only questions that remain are will Democrats and the courts insist upon continuing to discriminate against whites.

Hopefully they will follow the advice of the Chief Justice of United States, John Roberts (pictured above), who declared, in the minority opinion opposing now retired O’Connor’s:

“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”

Mike DeVine’s Charlotte Observer, Examiner.com and Minority Report columns

“One man with courage makes a majority.” – Andrew Jackson