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‘Civil Rights Canon in American Law’: Trump Rescinds Historic LBJ Nondiscrimination Order

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With a stroke of a pen, President Donald Trump signed a sweeping executive order on Tuesday that overturned government policies going back six decades that banned discrimination and required affirmative action by federal contractors. This order canceled directives established by previous orders, including those issued by Presidents Lyndon B. Johnson and Barack Obama. The move, executed late Tuesday, came just a day after President Trump rescinded executive orders requiring diversity and affirmative action in the federal workplace.

In 1965, President Lyndon Baines Johnson signed Executive Order 11246, banning federal contractors “from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin,” according to the U.S. Department of Labor, which was charged with ensuring its compliance. Until President Trump rescinded it on Tuesday, EO11246 also required “contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.”

President Barack Obama in 2014 amended that order via Executive Order 13672, which added “sexual orientation or gender identity” to the list of protected classes.

In his Tuesday executive order, “Trump said the OFCCP [Office of Federal Contract Compliance Programs] must immediately stop promoting diversity and affirmative action, and cease ‘allowing or encouraging’ contractors and subcontractors to engage in ‘workforce balancing’ based on race, sex, color, religion, national origin, and ‘sexual preference,'” according to Bloomberg Law.

READ MORE: ‘Hunting Grounds’: Trump Cancels Biden Ban on ICE Arrests at Schools, Churches, Hospitals

“Trump has jumped into action in weakening diversity, equity, and inclusion policies since his inauguration. He already signed a pair of executive orders on Jan. 20 that eliminated DEI programs within the federal government and restricted the definition of ‘gender’ to male and female,” Bloomberg reported. “Trump’s sweeping new order Tuesday also aimed to ‘encourage’ private-sector companies to end ‘illegal’ DEI programs by redefining them as a form of discrimination.”

Axios reported, “This takes the current pushback on diversity, equity and inclusion into the next stratosphere — abolishing decades of government standards on diversity and equal opportunity, and seeking to crackdown on the same in the private sector.”

Trump on Tuesday also effectively furloughed all employees throughout the federal government, placing them on leave with pay. It is expected that he will terminate their employment.

“The memo, issued Tuesday to heads of departments and agencies, sets a deadline of no later than 5 p.m. ET Wednesday to inform the employees that they will be put on paid administrative leave as the agencies prepare to close all DEI-related offices and programs and to remove all websites and social media accounts for such offices,” NBC News reported. “It also asks federal agencies to submit a written plan by Jan. 31 for dismissing the employees.”

“Trump signed an executive order Monday ending ‘radical and wasteful’ diversity, equity and inclusion programs in federal agencies, with DEI offices and programs being ordered to shut down.”

Trump has a history of battling government anti-discrimination regulations. His real estate business was sued in the 1970s by the U.S. Department of Justice in a racial discrimination case.

“Trump and his father fiercely fought a 1973 discrimination lawsuit brought by the Justice Department for their alleged refusal to rent apartments in predominantly white buildings to black tenants,” the Associated Press reported in a 2016 fact check. “Testimony showed that the applications filed by black apartment seekers were marked with a ‘C’ for ‘colored.’ A settlement that ended the lawsuit did not require the Trumps to explicitly acknowledge that discrimination had occurred — but the government’s description of the settlement said Trump and his father had ‘failed and neglected’ to comply with the Fair Housing Act.”

READ MORE: Rubio Sidesteps J6 Pardons by Declaring ‘I Work for Donald J. Trump’

Constitutional law professor and political scientist Anthony Michael Kreis on Wednesday called LBJ’s EO11246 “a fundamental piece of the civil rights canon in American law.”

“The symbolism” in Trump revoking the order, “is huge,” he added.

“The phrase ‘affirmative action’ was used by JFK in a 1961 order on equal employment. Johnson followed it with this order, which survived six Republican presidents — including Trump’s first term,” noted ABC News Radio’s Steven Portnoy. “He revoked it last night.”

“The rollback of civil rights intensifies. For almost six decades, Executive Order 11246 (signed by LBJ in 1965) forbade federal contractors and vendors to discriminate by race, color, national origin, religion, sex, etc. This morning, the president revoked it,” commented Tom Sugrue, a Professor of Social and Cultural Analysis and History.

Laurence Tribe, the noted constitutional law scholar and retired Harvard Law professor, observed: “There goes six decades of progress toward justice begun by LBJ.”

Nicholas Sarwark, former Chair of the Libertarian National Committee, noted: “One of the goals of MAGA is to repeal the civil rights era, making segregation, discrimination, and voter suppression legal and deny people their rights under the Constitution and the laws of the United States. Will that make life better for you, your family, or your neighbors?”

At The New Republic, Malcolm Ferguson wrote: “This is a massive, regressive attack on basic policy that helps protect people from real discrimination. And it won’t lower the price of eggs.”

READ MORE: Trump Defends His TikTok Flip Flop: America Has ‘Bigger Problems’ Than Young Kids’ Privacy

 

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Platner Scorched Over ‘Taking Time’ Video After New Accusation

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Maine Democratic U.S. Senate nominee Graham Platner is under fire after releasing a video declaring that new allegations against him are false, yet he is “taking time to reflect” on a path forward.

Politico on Monday afternoon reported that a woman who dated Platner, Jenny Racicot, “says he forced her to have sex with him nearly five years ago despite her repeated objections, an allegation Platner denies.”

“Racicot said she had an on-and-off relationship with Platner,” Politico reported, “for more than two years before he entered her rural Maine home uninvited one night in late 2021, deeply intoxicated, and forced himself on her while she repeatedly told him to stop. She said she cut off contact with him after telling him the encounter was not consensual.”

In a video posted to social media eleven minutes after the Politico story dropped, Platner says, “I wanted to directly address the troubling, serious, and false allegations against me. Any accusation of nonconsensual behavior is categorically false.”

He said he and his supporters “were united in a love of Maine, a belief that our politics must change, in a focus on defeating Susan Collins.”

“So, regardless of the inaccuracy of the reporting, but mindful the political reality will inflict, we are taking the time to reflect on the best path forward for the state that I love, the people that I love, the movement I belong to, and the goal of defeating Susan Collins.”

“Those were the goals when we launched this campaign. And they remain my goals today.”

“Throughout it all, you never turned your back on me. And I will not turn my back on you now. Every one of you deserves to see that vision come to fruition and see Susan Collins defeated. And we will use every tool at our disposal to do so.”

The Bulwark’s Tim Miller, a political commentator who served as the communications director for the Jeb Bush 2016 presidential campaign, blasted Platner.

“I’m sorry but ‘we are taking time to reflect on the best path forward’ is not an option on the table,” Miller wrote. “Either it’s false and you campaign with vigor or it’s true and you get out / apologize to everyone you let down.”

Journalist Ryan Grim, commenting on Platner’s video, noted that Platner “strongly suggests he is considering dropping out. Already Troy Jackson and Chellie Pingree, both gubernatorial candidates, are being kicked around in Maine circles as potential replacements.”

Several others, including Puck News’ Peter Hamby, predicted Platner will be dropping out.

Platner had postponed several campaign events before the Politico story was published.

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Trump Sparks Fury Online After Posting Unblurred Video of Muslim Kindergartners in Hijabs

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President Donald Trump is facing backlash after posting a video of children — including showing their unblurred faces — graduating from kindergarten, with some of the girls purportedly wearing hijabs.

“President Trump posted a captionless video of graduating kindergarteners on Truth Social on Monday, goading his supporters into verbally attacking little children simply for being Muslim,” The New Republic reported. “The clip is from Gateway STEM Academy, a majority-Black K-8 public charter school in St. Paul, Minnesota. It shows about 21 children in caps and gowns on stage singing a song together. Most of the girls are wearing hijabs.”

The original post of the video which Trump reposted reads: “Public school in St. Paul, Minnesota. Every girl is in a hijab … in kindergarten.”

Trump did not add any comments. TNR called the post “Islamophobic, weird, and creepy,” while noting that the comments section of Trump’s post was filled with calls “by racist, xenophobic MAGA supporters” to “deport the children and ban hijabs.”

TNR also noted that it “should come as no surprise that Trump isn’t above attacking children who just learned how to read, but this post is still particularly discomforting—and will certainly contribute to the already potent level of anti-Muslim sentiment in the U.S. and in Minnesota.”

Critics blasted Trump.

“There is something deeply unsettling about the president of the United States—the most powerful person in the world—going after kindergarten schoolchildren in Minnesota because they wore hijabs, as Trump has done this morning on his website,” The Bulwark’s Sam Stein wrote.

One social media commentator wrote, “Trump posted an unblurred video of more than a dozen Muslim kindergartners to Truth Social, exposing the children’s faces while targeting them for their religion.”

Another added, “Trump is a bigot. The president took to Truth Social to attack kindergarteners in hijabs. These are little kids. The president isn’t just a bigot, he’s also a coward.”

The original video was posted to the X social media platform in June.

U.S. Rep. Nancy Mace (R-SC) at the time commented, “If you are in a public school in America, you should be speaking english.”

 

Image via Reuters 

 

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One Legal Maneuver Threatens to Undo Everything E. Jean Carroll Won

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President Donald Trump’s apparent efforts to delay releasing the $5.8 million civil judgment to E. Jean Carroll are being met with a warning by the journalist’s legal team, who suggest there could be a legal maneuver for Trump to employ to forgo paying the judgment in either of the two cases he lost.

According to The Guardian, on July 4, U.S. District Judge Lewis Kaplan ordered Trump to release the $5.8 million judgment, which is in escrow, to Carroll by this coming Tuesday — or explain why he would not do so.

Carroll’s attorneys think Trump may be trying to buy time to mount another legal strategy, telling the judge that Trump’s request for an extension “appears to be little more than yet another play for time.”

“The case is separate from Trump’s appeal of a Manhattan civil jury’s 2024 award of $83.3m to Carroll for defamation,” The Guardian explains. “But her lawyers have suggested a legal scenario in which the president might seek to conjoin the cases and further delay payment of both.”

Carroll’s attorney Roberta Kaplan (no relation to the judge) wrote, “We can only assume that defendant is seeking … to buy time so he can try to concoct some new basis to put off paying plaintiff presumably in connection with his forthcoming petition and motion for a rehearing.”

Trump’s former attorney, Justin Smith, in one of his final acts, wrote to the Supreme Court suggesting that his client would be appealing the $83.3 million civil judgment.

Smith argued that the Supreme Court “may wish to consider the petitions together,” given they involve the same parties.

The larger judgment case involves possible questions of presidential immunity, and that has Carroll’s attorneys concerned.

“A conjoined case, Carroll’s lawyers fear, could result in both judgments being wiped out,” The Guardian reports.

The president has also made clear he is no fan of Judge Kaplan, after the jurist made several rulings that “angered” Trump.

“What else can you expect from a Trump Hating, Clinton appointed judge, who went out of his way to make sure that the result was as negative as it could possible be,” Trump wrote on Truth Social in 2023, “speaking to, and in control of, a jury from an anti-Trump area which is probably the worst place in the US for me to get a fair ‘trial’.”

 

Image via Reuters

 

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