Trump Justice Dept. reversing Obama-era positions on discrimination policies

Trump Justice Dept. reversing Obama-era positions on discrimination policies
By Joan Biskupic, CNN legal analyst & Supreme Court biographer
Updated 6:05 AM ET, Mon February 4, 2019


Washington (CNN)Recent Trump administration moves on civil rights bring into sharper focus its efforts to reverse the Obama era and curtail decades-old laws designed to shield blacks, Latinos and other racial minorities from discrimination.

Last week, the Justice Department retreated from a prior position and said Texas' record of voter discrimination did not justify requiring prior approval for any new redistricting maps. The Obama administration had argued that a provision of the Voting Rights Act empowering judges to intervene should cover Texas, which has been mired in minority-voter disputes for years.

The administration is also apparently considering retrenchment against policies that appear neutral but have the effect of discriminating against minorities. In December, a federal commission convened by the White House recommended the rescission of Obama policy intended to ensure that African-American students are not disproportionately targeted under school discipline rules.

The Washington Post reported in January that the administration is considering a "far-reaching" curtailment of such regulations against practices that -- although not intentionally discriminatory -- have a "disparate impact" on minorities, whether at schools, on the job, or in the pursuit of housing. (The Justice Department would not comment on the report.)

At the same time, the administration is also engaged in a lawsuit against Harvard's affirmative action admissions practices that have traditionally benefited blacks, Hispanics, and Native Americans. It is siding with a group that says Asian-American applicants are held to a higher standard for admissions, compared especially to black students.

All told, the Trump team continues to demonstrate that despite an atmosphere of disarray, its lawyers have kept a singular focus on transforming racial-bias laws -- alarming civil rights activists and gratifying veteran conservative advocates.

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