Court Issues Warning To Joe Biden

As Pres­i­dent Joe Biden pur­sues ini­tia­tives he announced last week to “help nar­row the racial wealth gap,” he should heed a late-May reminder from the 6th Cir­cuit U.S. Court of Appeals that pref­er­en­tial treat­ment based on race is pre­sump­tive­ly invalid.

This is as it should be. It is right and just that the courts, in the name of jus­tice, should strike down racial pref­er­ences, a per­ni­cious, do-good­ing racism sweep­ing schools, cor­po­ra­tions, and the media. It treats all Amer­i­can expe­ri­ence through the lens of race. It would be even worse if the racial­ism embed­ded in so-called “crit­i­cal race the­o­ry” were backed by gov­ern­ment force.

Biden is right to want all seg­ments of soci­ety to pros­per. If craft­ed with­out racial cri­te­ria, his ini­tia­tives to help jump-start poor and dis­ad­van­taged busi­ness­es and improve home val­ues in strug­gling neigh­bor­hoods would be wel­come. But the White House announce­ment focus­es con­stant­ly on “racial dis­par­i­ties,” and the clear impli­ca­tion is that its pro­posed solu­tions will involve racial preferences.

That’s where the 6th Cir­cuit rul­ing comes in. In the 2–1 May 27 deci­sion in Vito­lo v. Guz­man, the court held that the gov­ern­ment may not award coro­n­avirus relief mon­ey on the basis of race and sex.

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