Civil Rights Act of 1964 …

2010 October 22
by drdog09

… and why it needs to be changed. First, going on record, this is not an advocacy for dumping the law it has a purpose. But the ascendancy or death of any great purpose lives or dies on the execution.

When the law was drafted there was the reality that without a division of the govt to pursue the protection of individuals it would not happen. The idea being that the victims would lack the resources to mount a case and that the hide bound legal profession would scoff at taking such cases pro-bono. Having grown up in Old South Florida of the era they were probably right.

But those sort of arrangements where the government in a sense becomes the sole arbiter of the relevance of a case leads to —

Adams wrote about the Ike Brown case for Pajamas Media here and here. It was brought in 2005 and marked the first time a voting rights action had been pursued against a minority defendant; as WaPo says, “Adams later told the civil rights commission that the decision to bring the Brown case caused bitter divisions in the voting section and opposition from civil rights groups.” Which is to say, apparently the institutional hostility to these actions inside the Civil Rights Division pre-dates Obama and his appointments. That’s how entrenched it is. As for the Panther case, WaPo reaches no formal conclusion but between those brutal quotes and the fact that legal experts are at a loss to explain why charges would be dismissed in an action where a default judgment had already been granted, you can draw your own conclusion. (Other officials told them that Holder was aware of the case but that the decision to drop the charges didn’t come from him.)

Source

Now one can scream that the DoJ CR division is being Racisssssst! I won’t say they are wrong, since in some quarters that is probably the situation. But there is probably a higher order driver here to not prosecute the Black Panther case — Institutional Preference. Not race, but organization culture.

If I am a CR lawyer, yes I am supposed to uphold the high ideals of my office to all comers. But lets face it we are all human. If my track record is that I have been successful in bringing justice to ending white on black racism. It is also due to a myriad of factors. I can tap into the NAACP, CORE, and several other cultural icons to plead my case in the court of opinion. With little effort at all I have whole communities pushing my cause so that it is a big splash in the papers. It ultimately makes my job easier since the ground work has been laid before my case ever begins.

Were I go the other route, Black on White racist suppression who or what do I tap into? There is no NAAWP. There is even less interest in the press, on and on. So the entire case becomes an uphill battle. That should not be the case, but that is a reality. Therein lies the problem — Institutional Bias — based on the ease of going one way vs the pain and effort of going another. Even if both cases are equal in grievance. Sadly the situation becomes one of “…but we have never done that!”. That is not the way the law is supposed to work.

What’s the cure? Eliminate or downsize the Civil Rights division. They possess an institutional bias and that is very hard to stamp out once poured into the cracks of an organization. But how does one see redress for those with a true grievance? Why not try something like RICO like redress where the wronged party can bring civil forfeiture in open court. There are plenty of organizations that will take up the cause (the ACLU, ick, for an example.)

We end the bias, save a few bucks and would probably end up with a fairer result to those cases that are brought to trial.

13 Responses leave one →
  1. 2010 October 22 10:25 pm
    [1]
    aureliusx permalink

    Interesting perspective as always Dr. D.

    and correct.

    But who will bring that case? Not the spineles GOP. Not the Teas, can you imagine the feeding frenzy that would result.

    bureaucracy never goes away, It grows until the society suffocates.

  2. 2010 October 22 10:27 pm
    [2]
    aureliusx permalink

    Meanwhile the American people love Obama. According to Newsweek Obama is +14.

  3. 2010 October 23 1:26 am
    [3]

    “can you imagine the feeding frenzy that would result.”

    Yes. Think of the entertainment though.

    Wait a minute didn’t the Dr. commit a hate crime already by even just thinking about this? 😉

  4. 2010 October 23 5:41 am
    [4]

    ~~~~
    The don quixoties of the GOP, with their diminutive limplances and dessicated testes, would forever be tilting against the stoutest of race card protected windmills,and thereby permanantly cementing the false image of repubs as the party of racism, by even questioning the inner workings of said windmills

  5. 2010 October 23 6:18 am
    [5]
    MI Conservative permalink

    OMG ip!

    It’s too early on a Saturday for a post like that. Let me wake up and revisit after some coffee.

  6. 2010 October 23 6:19 am
    [6]
    MI Conservative permalink

    Too dream the impossible dream,……….
    ……….
    ……….
    To fightsign smileys for the right
    Without question or pause
    To be willing to march into Hell
    For a heavenly cause

  7. 2010 October 23 6:26 am
    [7]
    JBoz permalink

    I did some research last night on the methodology used in theNewsweak poll. In order to get a more accurate reflection of voter sentiment, the poll was conducted in person rather than by phone. According to the polling organization’s spokesman Samir Shabazz, the pollsters were volunteers, and in order to make people feel absolutely safe and secure, the pollsters wore para-military uniforms with black berets, and carried nightsticks.

  8. 2010 October 23 6:44 am
    [8]
    justrand permalink

    IP: “The don quixoties of the GOP, with their diminutive limplances and dessicated testes…”

    AH! But that is why the GOP is being saved by the DONNA Quixotes!! Bachman, Palin and the rest!

    p.s. to JBoz, that Newsweak “poll” is the most laughable propaganda in recent memory. But since they have ZERO credibility or real purpose any more, why not? eh?

  9. 2010 October 23 6:49 am
    [9]

    DONNA Quixotes 🙂

  10. 2010 October 23 6:54 am
    [10]
    drdog09 permalink

    aureliusx,

    You bring up a interesting point about who would bring such cases if not the government. My answer would be YOU would. Or at least those whose rights were violated would. We don’t live in 1964 anymore. The black middle class is proportionally as large as the white one. So they have the resources.

    Can such a change be sold? I think so. The observation I would make right now is — if the govt does not like your case then they won’t champion it, even if you were wronged. Justice denied. So why should I be denied the right to my day in court on the whim of some lazy bureaucrat?

  11. 2010 October 23 6:56 am
    [11]
    drdog09 permalink

    Gooooood morning BJG! Got those voter registration cards shined up and ready to use???

  12. 2010 October 23 7:16 am
    [12]
    drdog09 permalink

    The Dims aspirations —

  13. 2010 October 23 7:34 am
    [13]
    TLS permalink

    #7 Wow, considering the methodology, I’m impressed that 40% still had the gonads to say they disapprove!

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