So the hammer has fallen. The Department of Justice has declared HB2 violates the Civil Rights Act and Title IX of the Elementary and Secondary Education Act. Needless to say, these findings portend disaster.
GOP leaders’ response has been just as disturbing. It is not hyperbole to say they have imitated Segregation-era anti-civil rights reactionaries.
It begins with language. They have echoed Brown v. Board critics by denouncing a civil rights enforcement action as “federal overreach.” In an eerie parallel, McCrory said, “This impacts every state, every university, and almost every employee in the United States of America. All those will have to comply with new definitions by the federal government…” His statement recalls the “Southern Manifesto’s” fulminating complaint that “[T]his unwarranted exercise of power by the Court…is creating chaos and confusion in the States principally affected.”
Moore’s claim that “we’re not going to get bullied by the Obama Administration” reeks of the Segregationist claim to have been tyrannized by the Courts. Don’t expect NCGA conservatives to print up a new set of “Impeach Earl Warren” stickers, but some of them surely feel the temptation. They share the view of segregationists that state policymakers are victims of the federal government. It is the victim complex of victimizers.
These parallels extend beyond the realm of rhetoric. Unlike their North Carolina predecessors, McCrory, Moore and Berger have adopted a stance of what amounts to Massive Resistance. That is to say, faced with a civil rights mandate, they are doing everything in their power to thwart the feds. The original Massive Resisters refused to integrate their schools. Moore and company are aggressively stonewalling DOJ’s demand that they walk back HB2.
Gene Nichol landed in hot water for analogizing Pat McCrory’s conduct to that of Lester Maddox and George Wallace. Of course one should tread carefully in these matters. But at the end of the day–the end of today, and probably resuming tomorrow–McCrory, Moore and the rest are appropriating segregationists’ rhetoric and methods while literally violating the Civil Rights Act.
If they have a sense of history, Republicans should think hard about what these resonances mean. It’s not too late to change course.
Alexander Jones is an original contributor to PoliticsNC.
http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article79515797.html
So?
http://www.wral.com/methodist-bishops-call-for-hb2-repeal/15665224/
http://www.charlotteobserver.com/living/religion/article73083292.html
http://www.charlotteobserver.com/living/religion/article70029772.html
http://thinkprogress.org/lgbt/2016/04/25/3772581/faith-opposition-hb2/
Republicans have created a separate reality outside of the world of facts, science and empirical evidence. Beliefs and wishful thinking define the Republican world, and when facts are inconsistent with their beliefs, out go the facts.
Words are malleable, and successful Republicans sophists contort language into bizarre forms like balloon twisters at a birthday party. All is well until it isn’t. Maybe all rich people can be called job creators when they aren’t, and maybe preventing blacks from voting is intended to prevent non-existent fraud. But all facts cannot be torn asunder by silver tongues. The belief that he can fly will not prevent the most devout Republican from falling to his death if he steps off a building to prove that he disagrees with gravity – an immutable law, a scientific fact impervious to the dissembling of buffoons.
McCrory and the Republicans are posturing as victims of the federal government. In fact GOP bullies created a class of victims under North Carolina law. When the bully runs into someone bigger who prevents the bully from using his might, the bully does not become a victim. It is unseemly for the bully to whine.
It has gone badly for the Republicans. Reputation, business opportunities, and actual revenues are flying out the door. The facts are not going to change. It has gotten worse by the day at an escalating rate. The immediate backlash came from businesses, then entertainers, and now the Justice Department.
Defiance of the Yankee government may be a smart campaign posture, but it is an atrocious approach to governing a state. The GOP oppositional fantasy is running headlong into the reality of federal law, the Supremacy clause and a series of serious consequences which will damage North Carolinians from Murphy to Manteo. Hanging in the balance are billions of dollars worth of federal funds. The Republicans cannot perpetuate the myth of business acumen while they shun billions of dollars from businesses and government. Prior to the current debacle, they shunned billions in Medicaid funds. Now they are sending tourists and conventions elsewhere. Businesses are repulsed by the obstinate redneck hatred of minorities. The governor and the General Assembly are now risking billions in federal funds to campaign for an unconstitutional, unenforceable law.
The question for the Republicans is how much damage will be done to North Carolina before they accept reality.
My, my.
The NC radical right takes action (via a rushed-though law) that is dividing the state’s people, hurting its economy, making it a pariah and laughingstock nationally and internationally, and breaking federal law. But someone here states that “I don’t think the radical left has thought things through…”.
Wow.
And, what is more, he resurrects strident and backward Old South arguments and justifications.
Amazing.
So, I guess we have now reached the point (or should say “regressed” to the point) where some Republicans and their apologists/sympathizers seriously ponder such pre-1861 notions as nullification of federal law, the primacy of states rights, and secession.
Sad times, for sure…..
I don’t think anyone gives the Republicans enough credit in this state. They are in power, and I do believe they intend to make this state sovereign by the end of their term and Obama’s helping grease the wheels.
This whole idea goes to play right into the Republican’s hands with “government overreach” because it is. Under the current laws now with the new ruling by the Federal Court on #HB2, a father’s daughter can be forced to bunk up in the same dorm with a male who only “identified” as a female on registration day.
Secondary, male inmates can now claim they identify as female and be moved to female prisons.
I don’t think the radical left has thought things through here, because these are most certain issues that will come up, and will be pivotal issues when the talk of secession hits the General Assembly floor.
Excellent Legal Analysis:
http://www.americanthinker.com/blog/2016/05/justice_department_ignores_crucial_precedents_on_the_north_carolina_bathroom_bill_.html
“Excellent legal analysis”? From biased, neo-con/libertarian americanthinker.com?
Good gravy, that is LOL funny stuff!
The reason that this blog post Ebrun references is not excellent legal analysis has nothing to do with a right-leaning bias or the admission by the author that he performed only 30 minutes of cursory research (OK, this last piece is part of it). Rather, it is the lack of understanding regarding how common law is adjudicated in the United States. The federal government has clearly chosen a side in this matter–why would they have an obligation to cite opposing court opinions in a letter to NC telling them their law is in violation of federal law? It would be akin to writing an amicus brief and at the end of arguing your side, list all of the reasons why the side you support has no case.
The ACLU has already filed suit against NC. Think of this letter as something of an amicus brief for the plaintiffs–the courts will ultimately have to decide what Title VII means.
It’s not even close to the level of an amicus brief.
Hence “something of” as it is indeed not an amicus brief.
Ghost though I am, I think this may be true………..
Young minds are very impressionable – I know, I had one once myself! I encourage Ebrun to keep debating, to keep researching everything on all sides of an issue and to always challenge himself first and foremost – for therein lies the key to discerning fact from fiction.
Thanks, CJ, for that great advice. I’ll pass it along to my grand kids.
No it’s not excellent legal analysis; it’s shallow headnotes based on thirty minutes from a law student. Most of the cited cases are old. All of them are outdated by the current interpretations of the relevant statutes by the relevant federal agencies. (The law student apparently hasn’t been introduced to the basic & important doctrine of Chevron deference.)
If you want excellent legal analysis & a more current view of the law, read the Fourth Circuit’s decision in the case out of Virginia involving school bathrooms.
Three federal judges, with the benefit of time & clerks & briefs from the concerned parties, will always trump 30 minutes from a law student.
I believe it was only two federal judges in the 4th Circuit that gave what you consider such a brilliant legal analysis. The third 4th Circuit judge issues a strong dissent.
You may think your an expert on legal matters D.g., but you sure don’t understand much about political issues or even basic math. A 2-1 vote on the 4th Circuit is not majority rule? Are you daft? And the two were liberal Obama appointees and the one was a conservative Bush appointee. But you think it is not based on conservative versus liberal? That’s not being naive, that’s just an absurd assertion.
The trans gender bathroom issue will in all likelihood be appealed in other Circuits. If there are conflicting rulings, it will have to be decided by SCOTUS. I know you think that all four or perhaps 5 Democrat-appointed justices will support your point of view, but there is still a possibility that one of the liberal justices will choose common sense over leftist ideology.
Well said.
I guess, then, it’s just a coincidence that the two Circuit judges appointed by Obama overruled a federal District Court judge appointed by a Republican in the Virginia trans gender locker room case appeal. And it was merely coincidental that the appellate court judge who filed a strong dissent was also appointed by a Republican. Obviously, there were no idealogical leanings involved, right? LOL
C’mon folks, how naive can you be?
The issue of transgender locker room access in not only a legal issue in NC and Virginia, but also in Illinois where a group of 51 families is challenging the Obama Administration’s dictate that a local school district allow a biological male trans gender individual access to the high school girls locker room.
http://dailysignal.com/2016/05/04/50-families-sue-over-illinois-high-schools-transgender-bathroom-policy/
Also, see similar articles from the Washington Post, Chicago Tribune and Huffington Post. And BTW D.g., I believe the federal Appeals Court with jurisdiction in Illinois is more conservative that the 4th Circuit. In any event, this issue will ultimately be decided by the U.S. Supreme Court, not the Obama Administration’s DOJ or Department of Education.
…for faux bagger intellects.
I knew when the ink was barely dry on HB2 that it was not about bathroom safety. Because at my age I remember that NC”s Jim Crow laws were not about water fountains, bathrooms, lunch counters, schools and the back of the bus. It was discrimination then and it is discrimination now.
Wow. Kind of a pot calling the kettle black situation. Legislating toilet usage isn’t overreach?
I keep wondering what this apparent idiocy is intended to achieve. Anybody could see that the backlash from this was going to cost the state millions if not billions in Federal funds, jobs, tourism and what-all, and McCrory is up for election this year and the polls are already showing he’s behind Cooper since the HB2 fiasco. What am I missing? What do Republicans expect gain from this that is worth such a high price?
Re-election to the General Assembly.
Hopefully McCrory, Berger and Moore will dig their hole so deep they can’t get back out, and good riddance to them. They know exactly what HB2 was really intended to achieve, hence their determination to resist walking it back. The GLBT aspect of the bill was only the cover used to disguise and pass their filthy powergrab – how fitting that it has become the noose that will hang them.
I do not forsee McCory or the NCGA pulling back on HB2 or their double talk and lies. It is amazing of the lack of knowledge and understand of supposely intelligent people. They talk about overreach, there was no more overreach and overreaction than that of McCory and the NCGA.