Color By Number Diversity

It Hurts Everyone

Justice Breyer is stepping down from the Supreme Court. He had a distinguished career. I am a conservative, so Justice Breyer and I would not agree on a lot of the decisions he made. But, the great thing about Justice Breyer is he would at least listen to a person like me and offer up arguments based in either precedent or settled law.

This is unlike Justice Sotomayer. She rules on emotion. She is of the hard left. Her opinions aren’t consistent. That is the same group that was clamoring for Breyer to step down and didn’t even give him the dignity to make the announcement himself.

President Biden has said he will only nominate a black female to replace any justice who decides to retire.

I understand and agree with the overall idea that we need to give everyone a chance. That’s an American conservative value. However, that chance is based on merit, not skin color or anything else.

When I invest in a startup, I don’t care what the founder believes, what they look like, or who they sleep with. All I care about is “can they return my capital at 30x+ what I put in?” If I were to say, “I only invest in XXXX Founders, I totally limit the universe of people that I can pick from.” That’s far different from me saying, “I only invest in FinTech”, because a business category is generic. Anyone can play in the game. Skin color and things like that aren’t.

I want to make a quick point that if President Trump hadn’t thrown a massive temper tantrum after the election, Senator Mitch McConnell might be the Senate Leader today. I think Trump cost the Republicans two Senate seats. I don’t think Trump should run in 2024 and this is one of the reasons why.

If McConnell was in the Senate leadership role, Biden would be forced to nominate someone who was more to the center and not a hard leftist judge. There are ways for McConnell to put tripwires in front of the nomination to try and get a more centrist judge, but it’s difficult in the minority. We will see if Cocaine Mitch wants to knife fight or not. I think it would be good for Mitch to do it not to derail a nomination, but to unmask Republicans so Republican voters in those states can rid themselves of them.

I would hope that the Republicans don’t engage in any Kavanaugh tactics that the Democrats used. I do hope that they critically question any nominee after thoroughly going through their record. If they only wrote research papers or lectured on a topic such as race, Americans ought to know that and how that affects the way the judge looks at the law.

I would not even entertain the question of abortion because no nominee from Biden will rule against Roe V Wade. He has that litmus test for sure.

Saying you will only pick by color or gender or sexual orientation is color by number diversity. Black females make up just under 7% of the US population. Under Biden’s logic, the next judge should only be 63% black. That’s just plain moronic.

But color by number diversity is even worse.

It eliminates many qualified individuals and it will have ramifications. The first consequence is that people outright lie about their background. Senator Elizabeth Warren is a case and point. She is white. But, she secured a place on the faculty at Harvard by saying she was American Indian. There are many other instances of people lying about their backgrounds

Just a few examples here, here, here, and here.

When they fake, they take opportunities away from people who should have been there.

I wrote about how toxic this could be to Boards of Directors on companies. The NASDAQ and the state of California were wrong in their mandates to change company boards from merit to color by number diversity boards. It’s toxic for the law too.

However, color by number diversity is toxic in many other ways.

• It creates situations where you might not get qualified candidates for positions.

• It allows people to actively discriminate

• It can put people in situations where they are set up to fail

• Rules like this can change or alter people’s behavior to try and fit into the loophole

• People are now faking their sex to compete in athletics

• It causes tight networks to get even tighter and more discriminatory

I think that might start happening on the bench in courtrooms. Judges are no different from anyone other humans in any occupation. A lot of them aspire to be on the Supreme Court. It’s the pinnacle of law. Heck, when you get to try a case in front of the SCOTUS, there is prestige conferred to the attorney. They give you a feather as a symbol that you argued a case in front of the highest court in the land.

Many people start early in their careers, going to the right law school and competing for precious clerkships with different courts. It’s competitive all the way through.

Now, picture yourself as a white male justice who sees the world changing in front of their eyes. The current President has actively discriminated against you. You have no shot at the position simply because of your gender and skin color which you had no control over. You have worked your tail off in undergrad, went to the right law school, clerked for the right courts, and gotten appointed to a Federal bench so you have put yourself in position to have a chance.

But, you will never get that chance from the left-wing or Democrats. White males need not apply no matter how good they are.

The next justice will have to be gay right? Or transgender? Or a Hispanic male? Or an American Indian? Or Polynesian? Or Asian? Or an immigrant? Or what?

Since the white male justice is an ambitious soul and has worked to earn a chance, maybe they start adjusting their judicial opinions. Maybe they look at the law through the “Originalist” focus rather than the “Living Constitution” focus. Maybe they start to network aggressively with people in the Federalist Society. Maybe they start to write research papers on Originalism and start to speak at academic and legal societies about it. Maybe they say they had a “transformative moment” and it upended everything they believed about the law. They do this all to put themselves in pole position for the next time an opening happens and the other party is in charge.

If you truly want diversity, you need diversity of experience and diversity of ideas. That’s why when Breyer would argue with someone like Clarence Thomas, the opinion each would write and the decision they would come to was better. I think that Scalia and Ginsburg valued because they made each other a better justice. They realized that competition is good.

This is also a reason why not to pack courts with only Conservative or only Liberal justices. That’s not any different from gerrymandering. Competition, a core American capitalistic value, is eliminated and the result is extremes. Merit and earning accolades are better than being given it based on some statistic you cannot control.

Competition keeps your blade sharp and lifts all boats. When everyone gets a trophy, we learn to embrace mediocrity.

Discrimination like this leads to stark choices. Do you think the early 1900s great migration of Blacks from the South to the North was caused by anything other than overt discrimination and the hope for a better opportunity somewhere else? Of course, Democratic Northern politicians enforced more quiet discrimination that persists today. From my observances, it has changed in the South and that is why you see a Black middle-class migration back from the North.

Yesterday I was chatting with a gentleman that owned a company. He was working at my house. He immigrated to the US from Egypt in 1969. He was three years old. He was a Coptic Christian. They are a minority that is heavily discriminated against in Egypt. His father had written a letter to President Nassar asking him to stop the raping, looting, and violence that Muslims were administering to Coptic Christians. Instead of stopping it, Nassar sent some soldiers to their house. The father’s choice was to stand before a firing squad or leave.

That’s not a different attitude that the left-wing has taken in America today. If you have a different opinion, you can lose your career and chance to support yourself or your family. Neil Young tried to ban Joe Rogan. People from the left took sponsors away from race driver Brandon Brown. Those are high profile. It happens in small ways all over the nooks and crannies of America. People are facing “firing squads” all the time now. It’s not any different than Jim Crow in the South and these leftists are just as despicable as Bull Connor and the good ole boys.

President Biden reaffirms this special kind of racism with his words and actions. He endorses it.

That is terrible for all people, and terrible for America.