Aug 11, 2020

How the IL School Racial Discrimination is Unconstitutional


A Return to the Bad Old Days Of Jim Crow - But Self Segregation.

Best Accident Lawyers Los AngelesA school in Chicago is separating students by race. Most thought we moved past such a terrible philosophy. Constitutional lawyers say it was pushed under the pressure of the Coronavirus and radical politics. So the issue came to a head. The effort reminds many of the bad old days of the Jim Crow South. In fact, come to think of it there is so much in common between the two. The action is taking place in a different part of the country. However, other aspects are the same.

It is being pushed by a number of Democrats, who many on the right say are using race-and gender-based politics to push a new form of Marxism steeped in racial revenge. The radicals believe in fundamental differences between the races. All of this if true, is a major risk to our legal system. The principles of the American constitution commit to equal protection under the law. Our nation's history is certainly not perfect.

However, there are major reasons to keep it this way. Southern states attempted to supersede federal authority by abridging rights based on race. The Southern states did this through a number of discriminatory practices, similar to the new White Privilege narrative of today. This continued for almost a century between the end of Reconstruction and the Civil Rights era.

The precedents are terrible. States and localities used their influence to separate the races. They also used misinterpretations of the law time after time. There were several key ways such as racial discrimination came to an end. It is time to recollect why and how that happened and learn.

A Case Of Discrimination In Illinois.

An Illinois school district is breaking federal law in a recent decision. The district announced it will prioritize non-white and LGBT students coming back in the Fall. The effort is an affront to our legal system and violates the 14th Amendment. The district includes students from Evanston and Skokie, IL. District 65 is playing with fire. The Superintendent said that these students will be prioritized in their return. Furthermore, this district outside of Chicago declared these students oppressed. Superintendent Devon Horton said the following.

“We are in a pandemic,” Dr. Horton said. “And we also know that everyone is affected by this differently. But there was a pandemic before this. That was inequity and racism, and classism, and all of these other things. And so I just want to make sure that as we're making a decision – no decision is going to make everyone happy – we understand that.”

This will not stand in court. Nor should it. This is one of the most blatantly racist acts I've seen in my decades in the legal field.

A Brief History Of Modern Civil Rights.

There is so much that I can write here. There is a tremendous wealth of info from the founding of our nation. Civil rights are human rights. They cannot be stripped from someone without their consent. And using a false narrative that one race has a privilege over another that only a politician can arbitrate is no different than what the Germans did to the Jews with the Nurnburg Laws. Some of our leaders forget that. Or they were never taught about the Holocaust.

This includes the case in Illinois. We can start in 1787 with the base Constitution. However, perhaps our clock only starts after the Civil War. The 14th Amendment forbids discrimination based on race and enshrines equal protection under the law. Here we see an abuse of tremendous proportions.

Our nation's politics have gone upside down over the last several years. This is especially the case now. Many of the new zealots forget some of the key elements of civil rights. Beyond the 14th Amendment, consider:

  • The right of all students to an education. There are several court cases that show that this does not need to be through a public school, including Wisconsin v. Yoder and Pierce v. Society of Sisters. Each of these showed that students need a quality education. However, they are not compelled to attend public school. However, law and court precedent show that if students do choose a public school they deserve an equal shot.
  • The Civil Rights Act of 1964. This is one of the groundbreaking elements in this case. Discrimination in places open to the public is banned. Of course, this includes public schools.

This school district violates all of the civil rights laws I am aware of. And court precedent. There is still time between now and the start of the school year. There is a large chance the school district pulls back. More on that below.

What Will Happen?

There is no way that this stands a court challenge. The district will likely buckle under the pressure of angry parents and (hopefully) state and county officials. As a result, it should be solved by itself in less than a month. However, even if the district goes ahead with its plan, here is what I see happening. Most likely a parent or a civil rights group challenges the decision in court.

A county or district court issues an emergency injunction. I can't really see the school challenging such a decision. However, a Black Lives Matter group or a related one might fund a challenge higher up. Regardless, the Illinois Supreme Court or United States Supreme Court wouldn't accept this. As a result, there will be yet another precedent against racial discrimination in our legal tradition. It can't be too soon. Striking down such actions will hopefully prevent other districts from trying the same.

About The Author.

Michael Ehline is a leading attorney in the Los Angeles area. His specialties include both personal injury law and civil rights issues. A former Marine, Ehline worked his way to the top of the legal field through hard work and determination. His upbringing and the Marine Corps taught him a basic truth. All men are created equal. There is no difference between white or black or Latino.

We are all the same. As a result, Ehline committed to protecting civil rights protections for all Americans. He writes these articles as public education. For more info, keep reading his articles or his legal blog here. He can also be reached at the number below or at losangeles@ehlinelaw.com.

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