Monthly Archives: September 2015

OBAMA ADMINISTRATION’S MISUSE USE OF DISPARATE IMPACT ANALYSIS AS COVER FOR ITS RACE BASED SOCIAL POLICIES

Obama, Holder and others in his administration have been misusing disparate impact analysis to foist various of their racist policies on the American public.

What is disparate impact analysis and how is it being misused you ask?  To begin with, under the original Civil Rights Act of 1964 there was only one type of discrimination outlawed.  It was disparate treatment, meaning you didn’t hire or promote or serve someone because of their race, plain and simple.  Then the Supremes created a second category in a case arising in these parts called Griggs v. Duke Power.  In that case the issue concerned a black man who was denied a custodial type job because he didn’t have a high school diploma, and Duke Power had a requirement that all employees have a high school diploma.  The issue raised was if a racially neutral requirement [high school diploma] had a disproportionate impact on blacks because statistically blacks had a lower graduation rate than whites, was that legal.  The Court decided that when a facially neutral requirement has a disparate impact on the employment possibilities for a protected group the employer would have to demonstrate that the requirement was necessary for the job at issue.  In that case Duke couldn’t demonstrate the connection between having a high school diploma and pushing a broom, so the Court said that the requirement had a “disparate impact” on blacks and was therefore discriminatory.

It was a good decision and led to a lot of unnecessary criteria being eliminated from job descriptions.  I used to do training on this stuff.  (I once was lead counsel defending against an EEO class action.)  And there were all kinds of crazy cases out there.  One of my favorites was a case I believe out of Ohio where there was a height requirement for state troopers, which of course disadvantages women, Asians and Hispanics.  One of the stated business necessities for the requirement was that you supposedly had to be tall enough to shoot over the roof of your car in case of a gunfight.  Now I don’t know about you but if I’m in a gunfight, I want the engine between me and the other guy – not the windows.  Obviously that requirement was invalidated.  Likewise most gender requirements were thrown out and feminists used to say that the only legitimate gender requirements would be for sperm donors and wet nurses.

When the Civil Right Act of 1991 was enacted it specifically recognized disparate impact as a prohibited form of discrimination.  And it should have.  The problem with Obama, Holder et al is that they are completely misusing the concept to enforce their racist view of equality.  Take for example Holder’s racist investigation in Ferguson.  Unable to prove the false narrative of “hands up don’t shoot” because it never happened and the Officer involved was not at fault as the evidence clearly demonstrated the individual had attacked the Officer and tried to get his gun to shoot him.  Holder’s troops then proceeded to write a racist report denigrating the Ferguson Police Department by totally misusing disparate impact analysis.  Disparate impact analysis is not applicable to arrests or crimes committed.  These are the result of individuals engaging in act against the law and there is no basis to believe that if one race is 20% of the population, then only 20% of the crimes will be committed by this race.  It may be less or it may be more, but it is what it is!  Disparate impact analysis is totally irrelevant.  Now you could have disparate treatment if for example you could prove that the police department had a specific order to only arrest blacks for certain crimes.  That would be intentional discrimination plain and simple, but you can’t make the case based on racial composition in a given jurisdiction.

To give a specific example of the fallacy of this kind of reasoning, all NCAA men’s basketball teams should have the same racial makeup as their schools.  Let’s see Obama and Holder try to run that one through another stupid mandate from the Department of reEducation.  Never going to happen.

The reason that I bring this up is that the Obama administration has a stealth program going to misuse disparate impact analysis to fundamentally transform the nation.

“Unbeknown to most Americans, Obama’s racial bean counters are furiously mining data on their health, home loans, credit cards, places of work, neighborhoods, even how their kids are disciplined in school — all to document “inequalities” between minorities and whites.

This Orwellian-style stockpile of statistics includes a vast and permanent network of discrimination databases, which Obama already is using to make “disparate impact” cases against: banks that don’t make enough prime loans to minorities; schools that suspend too many blacks; cities that don’t offer enough Section 8 and other low-income housing for minorities; and employers who turn down African-Americans for jobs due to criminal backgrounds.

Big Brother Barack wants the databases operational before he leaves office, and much of the data in them will be posted online.

So civil-rights attorneys and urban activist groups will be able to exploit them to show patterns of “racial disparities” and “segregation,” even if no other evidence of discrimination exists.

http://nypost.com/2015/07/18/obama-has-been-collecting-personal-data-for-a-secret-race-database/

If you read it, it should scare you to death. Obama may only be President for another 16 months or so but this “legacy” will haunt us forever. HUD has already announced its plans to “desegregate” the country zip code by zip code, so don’t believe this is conspiracy theory speculation. It’s reality and it’s coming to your neighborhood soon. Please read the link above.

Next rant may cover the Bill, Hill and Chill slush fund masquerading as a “charity”.

HILLARY HYPOCRISY

Just couldn’t keep from commenting on Hillary’s latest hypocrisy.  She’s castigating Trump for the whole Obama’s a Muslim thing.  Remember from my earlier rants that the whole Muslim, birther thing was started by Hillary during her campaign back in 2007 against Obama.

On Thursday or Friday last week, on “the Five” Dana Perino read from the original I believe it was email from one of Hillary’s staff members which said something to the effect that Obama’s mother was 7 months or so pregnant and living in Kenya and supposedly unable to fly, suggesting that she came over after the birth to get him citizenship.

Republicans, quit shooting yourself in the foot and forget the whole thing.  I only bring it up to show the hypocrisy of Hillary!

CARLY KILLS IT AGAIN

Just a quick note on last nights debate.  Once again Carly Fiorina killed it!  She was articulate, unflappable, quick on her feet, and unlike Trump, substantive.  She should move up significantly in the weeks ahead.  And I believe the last thing we need is another career politician in the white house.

The only problem I had with the debate over all was the demands by Cruz and others that Republicans continue to tilt at windmills.  I agree that Planned Parenthood should be defunded, but don’t shut down the government to lose on that issue.  Obama will veto and you don’t have the votes.  Instead, put a separate bill on his desk only covering PP and make him veto that so that it’s clear that he and the Democrats voting with him are on the record and responsible for PP.  Use the nuclear option if necessary to do it.  Also, use the nuclear option if necessary and vote down the Iran deal, and get all the Democratic supporters on the record with their support of that ridiculous “deal”.  But don’t give Democrats and the liberal media a chance to blame Republicans for shutting down the government again.

Keep your eye on the prize and that prize is the Presidency.  Capture the White House and keep both houses of Congress and then and only then can you make substantive changes instead of meaningless gestures.  Don’t do anything stupid that will compromise the presidential election.

A NEED THAT SOMEONE SHOULD FILL

As most of you reading this know, I broke my right ankle almost a month ago which resulted in me being a captive in my own house for another 3 weeks if all goes well.

It’s amazing what you learn when you can’t go anywhere.  Thankfully friends have been very helpful.  However, did you know that Chinese restaurants in Clayton don’t deliver.  I’ve called all I could find and they said no.  I’ve NEVER lived anywhere before where Chinese restaurants didn’t deliver.  In Clayton the only restaurants who apparently deliver are pizza places.  I couldn’t even find a delivery service.  If anyone knows of one please let me know.

I’m sure I’m not the only one in this area who would appreciate a service who would pick up prepaid orders at various restaurants or grocery stores and deliver them for $5 or $10, depending on what’s involved.  Some enterprising individual or individuals — maybe individuals who are presently pizza delivery drivers  —  should branch out and offer a broader service.  I know I’d appreciate it and I can’t imagine that others wouldn’t.

UPDATE ON CLIMATE CHANGE

Just a quick note.  If you recall from my first rant, CO2 is 1/25th of 1% of the atmosphere.  It turns out that 97% of that CO2 is naturally occurring.  That means that 3/100th of 1/25th of 1% of the atmosphere is caused by the burning of fossil fuels.  People, we are talking 12 ppm of “man-made” CO2.  If you could eliminate it all, you’d still have 382 ppm of naturally occurring CO2 in the atmosphere, and the unsettled scientists would tell you that’s enough for Armageddon.  Total BS, and there’s nothing we can do about naturally occurring CO2 anyway.  Not to mention the fact that without CO2 there would be no life on earth.  Wake up people and don’t fall for this political scam!!

ADDENDUM ON IMMIGRATION REFORM

Just a quick addendum to yesterday’s rant.  I forgot one important requirement for permanent guest worker status.  You need to speak English.  This country started going to hell when “intellectual” progressives stopped the “melting pot” metaphor and substituted the “fruit salad” metaphor instead.  If you’re going to immigrate to this country, then you need to assimilate into our culture.  We don’t need Mexican-Americans or African-Americans or Muslim-Americans or Asian-Americans etc.; we need Americans!

IMMIGRATION REFORM

Time to solve the illegal immigration crises.  First and foremost, as almost everyone says, we have to secure our borders.  If you don’t have secure borders, you’re not a country!  Quite honestly, it shouldn’t be that difficult.  The problem is that the government is not making a real effort under Obama and it didn’t make a real effort under Bush or anyone else.  Obama and the Democrats see illegals as a source of votes and Republicans see illegals as a source of cheap labor.

Given the technology at our disposal, including drones and other cameras, it should be relatively easy to stop the influx if government wanted to do so.  Send 10,000 troops to the border to supplement INS and tell them their first duty is to prevent illegals from crossing the border.  You could take the money from the bloated budget of EPA and maybe the money from NASA that is being used for Muslim outreach – as directed by Obama.  [A future rant will deal with the bloated incompetence that is the federal, and for that matter, state and local government.]

Once we deal with the border, we need to deal with the 11 to 17 million illegals who are already here.  First and foremost, we need to stop the nonsense of Trump and others.  There is no way in hell that we are going to round them up and deport them.  If that were even possible, the cost would be enormous.  I’ve seen estimates of $500 billion or more, and it would lead to a shortage of labor in some sectors.

Since I started this, Dr. Ben Carson has come out with a plan that is somewhat similar to what I’ve envisioned.  My bottom line is that anyone who entered the country illegally will not become a citizen, unless they leave the country and get in line to come back in legally.  Now like Dr. Carson, I would have a 6 month or maybe one year window in which illegals could come forth and register and if they’ve been in the country for 3 years or more they could get legal status as permanent guest workers, providing they pass a background test, don’t have a criminal record and pay any back taxes they owe.

Like I said above these individuals should never get citizenship.  Let Hillary complain all she wants about second class status.  That’s the price you pay for entering illegally.  You also will not be eligible for welfare, food stamps, Medicaid or Obamacare subsidies.  Not happy, leave and get in line.  Now they would be eligible for Social Security and Medicare if they pay into those accounts for the requisite periods.  Their children who were born here would be citizens and have all the rights associated with that status.

As an aside, I am not a fan of birthright citizenship.  I don’t think we should grant citizenship to someone born here to parents who are here illegally, but it appears that question is settled by the 14th Amendment and I don’t see that getting amended.  I have seen suggestions that the question is not really settled and has never been directly ruled upon by the Supremes.  If that’s the case, then file the lawsuit and let’s get it resolved!

To make sure that guest workers don’t register to vote, we need to have social security numbers for them that start with 000- or 999- or some other starting code that is reserved for non-citizens.  Equally important, their driver’s licenses should be designed different from regular licenses so that anyone looking would know they are not citizens.  Something like we do here for drivers under the age of 21.

Now let me be clear, the overwhelming majority of the Hispanic immigrants are truly wonderful, hardworking people.  Trump is full of it, and if Republicans were smart, they would embrace a plan like I’m suggesting.  Hispanics are basically conservative by nature, and if you stop insulting them, they would likely end up in the Republican camp.

One final thought about securing the border, we need to stop our “catch and release” program with respect to individuals who enter the country illegally.  We need to put a disincentive to breaking the law.  I would give you one free try, but if you get caught a second time you will spend 2 years in prison  —  men, woman and children!  And once you finish your sentence, you get put back wherever you tried to cross.  Third time would be 10 years.  As long as there is no penalty, there is a real incentive for most of these individuals to break our immigration laws.

I would also stop all federal funding for sanctuary cities.  You don’t have the right to ignore the law any more than Kim Davis does in Kentucky.

My next rant will probably be on Ferguson and the misuse of disparate impact analysis.

 

 

UPDATE ON CLIMATE CHANGE AND FOLLOW THE MONEY

Just a brief update on these topics.  For anyone who is actually interested in the truth about climate change, I would suggest that you look at the postings today on Paul Homewood’s excellent blog, notalotofpeopleknowthat.wordpress.com.  Among things you will learn is that contrary to the deceiver-in-chief’s latest misrepresentations while on his CO2 spewing trip to Alaska, Alaska was actually warmer during the middle ages than it is now; the glaciers in Alaska began retreating in the 1700’s [hardly man made climate change]; and the highest recorded temperature in Alaska was 100 in 1915.

And for all you idiots who still believe that 97% of scientists believe climate change is caused by burning fossil fuels, you will learn that that figure was pulled out of thin air and is “based” on 75 out of 77 “scientists” in one instance and a review of 64 papers out of 12,000.  The real numbers are that 57% of real scientists do not believe that CO2 is the driving factor in climate change.  Rather, like I stated in my first rant, they believe that climate change is the result of the interaction of an extremely large number of  variables and to assert that CO2 is the driving force is nonsense.

Lastly, you will also see that there are plans afoot for Obama to give away the store at the Paris climate summit.  Like was pointed out in my second rant, this scam has always been about the global redistribution of wealth, and Obama is planning on trying to give away a bunch this fall.  Fortunately, if the end result is a treaty, it would require Congressional approval.  And that will never happen.  And equally fortunately, unlike his penchant for using his pen to unconstitutionally rewrite laws on immigration and health care, he can’t appropriate money for his pet cause.  The purse strings lie exclusively with the Congress, and they will never let this fiasco get funded.

DEFLATE GATE

I know everyone has an opinion about Deflate Gate, and they are almost all based on whether or not you like or hate Tom Brady and/or the Patriots.  I think the judge made the right decision and slapped Goodell down like he should have.  But that’s not the point of this rant.

The point of this rant is that the rule at issue is a stupid rule.  If a quarterback has smaller hands and feels better with a ball that is a little less inflated, what’s the problem?  He’s throwing the ball to his teammates.  When the other team gets the ball they use their balls.  No problem.

Those who have said to me that it’s not right to allow that always point to something like baseball or basketball or soccer, where everybody uses the same ball.  This is the same faulty logic at work as with golf announcers and Speith looking at the hole.  We’re talking apples and oranges.  In baseball, basketball and soccer, both teams are using the ball simultaneously.  When the ball switches hands in basketball and soccer the clock doesn’t stop to substitute a preferred ball before play continues.  It does in football!  And in baseball, it would be patently unfair for the batter to have to hit various different size and/or weight balls.  So you standardize.

The hypocrisy of your insistence on a fixed standardized ball can easily be demonstrated.  If everyone using the same ball makes it “fair”, then by logic there should be one and only one approved bat that everyone must use, and one and only one approved golf ball, and one and only one approved set of golf clubs with identical length, loft, lie, flex and composition.  But there isn’t because you are the only one using your bat or golf ball or golf clubs and so we allow you within reasonable limits to customize your equipment for maximum benefit.  Football is no different!  And I’m pretty sure that everyone who has argued to the contrary are people in the hate Brady and the Patriots camp.  Me, I like the Pats okay —  not my team – but not a rival either so I don’t really care.

Now I’ll get to immigration as my ankle situation improves.