Ben North

Assistant General Counsel @USEEOC

[Rapid Response 47 @RapidResponse47]

.@VP: "You will hear a couple small but loud voices today speak obsessively not of our national greatness, but of our national imperfections... They will tell you that America is just another country where the weak struggle against the strong, and if they acknowledge that there is anything to be proud of in our history, they’ll say it’s the fact that sometimes the powerless have won a zero-sum battle. They’re wrong..."

"What I’d ask you to do, my fellow Americans, on our 250th birthday, is to reject the two dimensional view of your fellow citizens, and reject the two dimensional view of your country. Reject that America is a place for zero-sum thinking, because it is not. Our history is one of people carving a great civilization out of the wilderness. Reject the view of your nation that sees only its sins, but not its grace and its greatness." 🇺🇸

[EEOC Chair Andrea Lucas @andrealucasEEOC]

In the Trump Administration, this is exactly the battle we are fighting @EEOC for the restoration of civil rights in alignment with our country’s founding principles, against Marxist views of civil rights.

We reject the Marxist idea that “the only remedy to past discrimination is present discrimination.” All race discrimination is unlawful. The only way to stop discrimination on the basis of race is to stop discriminating based on race.

We reject the Marxist idea to view the world split between oppressors and victims (or “historically underrepresented” groups), and to prioritize resources or efforts based on group identity. Instead, in alignment with the Declaration of Independence, our “colorblind constitution,” and our colorblind Civil Rights Act, we declare:
- All individuals are “created equal”, by God, with individual and inherent dignity.
- The government, including EEOC, exists to protect that natural, individual right.
- Treating any individual differently based on his or her race is equally unlawful and immoral, regardless of his or her group identity.

We reject the Marxist focus on group outcomes, at the expense of individual rights. As our agency’s name itself says, we are here to promote equal opportunity at work, not equitable outcomes. We therefore are prioritizing our enforcement work on combatting intentional discrimination (disparate treatment) rather than attacking employers’ neutral policies that lead to inadvertent differing outcomes (disparate impact).

We reject the Marxist view of religion as a disfavored right (at best). We protect religious freedom as a first liberty, not a second class right.

In sum, a Marxist worldview isn’t the only vision for civil rights. At EEOC and across the the Trump Administration, we are restoring a Golden Age of civil rights, grounded in our Country’s values, virtues, and founding documents, and the actual text of the Civil Rights Act.

Happy 250th to the greatest country in the world! 🇺🇸🇺🇸🇺🇸

[Amy Swearer @AmySwearer]

The Majority: "There's scant evidence that anyone ever disagreed with our interpretation of birthright citizenship."

Justice Thomas:

[Greg Price @greg_price11]

🚨 BREAKING: The Supreme Court has sided with female athletes and ruled in West Virginia v. B. P. J. that Title IX allows schools to keep men out of women's sports!

6-3 ruling.

[Charles C. W. Cooke @charlescwcooke]

Yeah. I really don’t think Cook is sustainable given the case made in Slaughter. I do not find it persuasive.

[SCOTUS Wire @scotus_wire]

🚨 In a 6-3 vote, the Supreme Court ruled that the President may fire FTC commissioners at will, overruling Humphrey's Executor and holding that the FTC's for-cause removal protections violate the Constitution's separation of powers.

[Ryan Maue @RyanWeather]

This segment is surreal.

The sense of guilt and shame exhibited by a young mother for using air conditioning when her baby's room temperature exceeded 90°F

And, thinking she is causing or making the heat wave worse by using "so much electricity" which should be "rationed"

[Charles C. W. Cooke @charlescwcooke]

Right. Because it’s a completely irrelevant point, is not disputed by anyone, and has nothing to do with the majority’s argument.

[Ilan Wurman @ilan_wurman]

Actually, no. The Court held that President Trump has the exact same discretion under the immigration laws that his predecessors had, but which for whatever reason lower courts don’t want to recognize Trump can exercise too.

[Brendan Carr @BrendanCarrFCC]

Great to attend the swearing in ceremony today for Andrea Lucas, Chair of the Equal Employment Opportunity Commission.

Sworn in by former EEOC Chairman Justice Thomas.

Congrats to @andrealucasEEOC

[Carrie Severino @JCNSeverino]

Engaging in race-based decision-making — whether in hiring or higher education admissions — is unconstitutional. @TheJusticeDept’s recent opinion is a welcome step to ensure that the @USEEOC’s guidance aligns with the Constitution’s equal protection guarantees.

“The OLC opinion moves government policy closer to the colorblind standard embedded in the Constitution.” - @WSJ Editorial Board

https://t.co/lBpHMmC590

[Ben North @BenNorth95]

Good discussion re “on the basis of sex” in Title IX to include conduct that is “inherently sexual”

[Eric W. @EWess92]

A freshman football player was sexually harassed. (Don't search the opinion for what "keying" is.) Did he plead a Title IX claim? Yes, per Chief Judge Pryor. Dismissal vacated.

[Ben North @BenNorth95]

RT @EdWhelanEPPC: Under the illogic of this ruling, no law designating separate restrooms for men and women could ever be enforced.

[Gene Hamilton @GeneHamilton]

This is an excellent development.

Great work by DOJ and the EEOC, and ultimate kudos to President Trump for having the courage to stand up for meritocracy and equal rights for all Americans with this Executive Order from last year:

[U.S. Department of Justice @TheJusticeDept]

The Department of Justice has issued an opinion to the Equal Employment Opportunity Commission (“EEOC”) that its guidelines about disparate-impact liability under Title VII of the Civil Rights Act are unconstitutional. The Office of Legal Counsel found that EEOC’s guidelines pressured employers to engage in racial discrimination.

"Despite trying to promote equality, EEOC's disparate impact liability interpretation under Title VII actually fosters the very discrimination its guidelines seek to address," said Acting Attorney General @DAGToddBlanche. "This opinion will now allow businesses to hire based on performance, restoring equal opportunities in the American workplace."

🔗: https://t.co/IujrP5TqHq

[Eric W. @EWess92]

🔥Hot off the presses: @TheJusticeDept issued an opinion today explaining that disparate-impact liability under federal employment law is *unconstitutional*. This is an earthquake in federal civil rights law. If right, this is the foundation to overturn that pernicious regime.

[Department of State @StateDept]

Ideological conditioning and two-tiered policing are glaring symptoms of civilizational decline. They must be rejected across the West.

The United States sends our condolences to the family of Henry Nowak and the people of the United Kingdom at this troubling time.

[Orin Kerr @OrinKerr]

This Article argues that legal scholarship is afflicted by what it terms neolegallogism, the excessive tendency to coin new terms about the law.

[Nate Silver @NateSilver538]

Like honestly "it's going to take us several weeks to tell you who won the election" is failed state shit and should be much more stigmatized.

[Mary Margaret Olohan @MaryMargOlohan]

“I am telling my story because women deserve to know there are real, evidence-based diagnostic and treatment steps between an infertility diagnosis and an IVF cycle. We deserve more than 30-minute consultations for lifelong decisions.”

“We deserve doctors who investigate before they intervene. We deserve to know that ‘unexplained’ sometimes just means ‘not yet examined.’
Most of all, we deserve choice, not the illusion of it. We cannot explore our options if we are never given any.”