If Democrats Win In Georgia, Racial Equality Loses

During the debate over Justice Barrett’s nomination, and then all during the presidential campaign, the Democrats threatened to pack the Supreme Court with liberals. If they win both Senate seats in Georgia and take over all three branches of government, they could do something equally if not more dangerous: repeal or substantially revise the 1964 Civil Rights Act.

As written (as opposed to as interpreted by the courts), the text of that Act clearly prohibits the sort of racial preference now widely practiced by employers and universities. For example:

Title VI

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Title VII

It shall be an unlawful employment practice for an employer –

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

Democrats are fearful—I hope with reason—that the Supreme Court with Justice Barrett aboard (and Chief Justice Roberts on record saying that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race”) will finally put an end to racial preference policies, or at least severely curtail them.

If the Court were to do that based on the 14th Amendment, the Democrats would be powerless to prevent or overturn it. But by repealing the Civil Rights Act, or revising it to allow racial preference policies, they could remove a loaded weapon that, though unfired, has long been aimed at affirmative action.

Georgia voters, it’s up to you.

Say What?