First, let's look at his claim that the "the Small Business Administration prioritized emergency Covid grants to restaurants by race."
This isn't some affirmative action program to address vague wrongs inflicted decades ago. It's about harm inflicted *last year.*
The first COVID relief package for small businesses required the loans be processed through banks, even though most of the loans wouldn't need to be repaid.
There also appears to have been an advantage to having a relationships with large banks.
Black-owned businesses have more difficulty getting loans. They're less likely to have existing relationships with banks. Which means they were less likely to get PPP loans.
Congress & the Trump administration could have given money to small businesses directly. Intentionally or not, by requiring the loans to go through banks, they systemically excluded a whole lot of minority-owned businesses.
Even if you think the federal government shouldn't be telling banks to whom they can and can't lend, it's pretty well-documented that banks tend to see black-owned businesses as higher-risk, even when all else is equal.
Here too, the past is ever-present. The WP recently published a deep dive into how black farmers still have problems getting natural disaster relief. Why? Because some can't produce a title for their farms.
And why can't they do that? Because for decades, black people were systematically excluded from the legal system. So they had no choice but to pass land from generation to generation informally.
Again, we aren't talking about reparations to third- or fourth-generation descendants of slaves, here. This isn't about payouts to black people who may have immigrated here after Jim Crow. It isn't giving a slot at Harvard to a wealthy black kid over a low-income white kid.
These policies are attempts to remedy real, ongoing harm done to black people by current public policy, by programs that failed to account for the legacy of systems built and honed during a time when racial segregation and discrimination were prescribed by law.
Conservatives and libertarians might say these programs are all public handouts that distort the market, and that we'd be better off without them. Perhaps! (Though COVID relief was in part to compensate for government-mandated shutdowns.)
But if we are going to have them, it hardly seems like wokeism run amok to say they shouldn't *further* marginalize groups that have already suffered from historic discrimination, or that we shouldn't have programs with rules that result in public aid for white farmers . . .
and business owners, but not to black ones.
Or that if a program does have that effect, we should fix it.
One more thing: I doubt many people at the SBA, FEMA, or USDA are vicious racists. Yet there's no question these programs discriminate, in most cases . . .
. . . by failing to account for ongoing harm done by discriminatory practices of the past.
A policy can be discriminatory due to the legacy effects historic racism even if the people who administer it are well-intentioned.
It's the very definition of systemic racism!
/end
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Moreover, a 2014 CA law makes shoplifting less than $950 a misdemeanor. So *no* DA in CA can throw the book at those shoplifters.
Retailers are lobbying to repeal the law. Which they have every right to do. But it’s also worth considering that they might have some incentive…
… to exaggerate the problem, or to retroactively blame pre-planned store closings on a shoplifting surge.
*Maybe* shoplifting really is up, and the contradictory crime data is due to under-reporting. But that’s an unfalsifiable claim, and it at least deserves some skepticism.
As I mentioned in a thread this morning, the new edition of Warrior Cop is out today. I'm really grateful to have the opportunity to update this story.
However, I do need to acknowledge an error. After turning in my manuscript last December, I asked my editor if I could add ...
... an additional section about the 1/6 violence at the Capitol. She agreed it's an important part of the story, so I turned that section in a couple weeks after the riots.
My error concerns the death of Officer Brian Sicknick. At the time, the Capitol Police, DOJ ...
... and national reporting all indicated his death was directly caused by one or more people involved in the riot. But in April, the medical examiner's report concluded that though the riots may have contributed, Sicknick died of natural causes.
Before it agreed to hear Ramos (in which it ruled that laws allowing convictions from non-unanimous juries are unconstitutional), dozens and likely hundreds of prisoners had previously petitioned the court . . .
. . . on the very same question. The court declined to hear their cases, as it does with the vast majority of petitions. So those convictions all stood.
The court's subsequent ruling in Ramos meant all those convictions were unconstitutional. But today, the court ruled that ...
. . . even though those prisoners' unheard arguments were correct -- their rights were indeed violated -- they're all screwed.
Not because of anything they did. Only because they're unlucky enough to have filed before the court decided it was interested in the issue.
A quick thought on these bills: Since Ferguson, I’ve heard many, many older white people voice their fear of inadvertently driving near a protest, getting stuck in front of a wall of protesters, then getting pulled out of their car and beaten.
Can’t tell you how many times I’ve heard it. It’s usually followed by an admission that if this happens, they’d have no choice but to run people over to save themselves or their families. It’s an oddly specific fear. And one some people apparently think about a lot.
I’ve heard it enough, especially from older white men — including some who might otherwise agree with much of the protesters’ message — that I’ve come to assume it’s common. Given the age of the people from whom I’ve heard it, my hunch is the Reginald Denny video...
Just stumbled on this humdinger of a qualified immunity case from 2019.
A Georgia man was exonerated by DNA after serving 7 years on a rape conviction. Because the Georgia had no compensation law for wrongful convictions, the state legislature . . .
. . . had to pass a special bill to compensate him. The DA who prosecuted him (the same DA who prosecuted Troy Davis, BTW) wrote a letter to the legislature claiming the man was still under indictment for rape and kidnapping. This was false to the point of libel. But it worked.
Because of the letter, the legislature killed the bill before it came to a vote. So the man sued the DA. In 2019 the 11th Circuit ruled: The DA lied, but he's still entitled to QI.
Why? Because there's no "clearly established law" stating that it's unconstitutional ...
If, like me, you're dizzied by the back and forth over the Georgia voting law, this is helpful. Seems like the GOP wanted to make the law a lot worse, but backed down after backlash. The law does expand voting access in some ways, ...
... but more in rural (read: white, conservative) areas. The water thing is real, and bad. There are some good parts, like mandating new precincts in areas where there have been long waits. Some provisions seem destined to make vote counting more chaotic. But the worst part is...
. . . kneecapping the secretary of state by giving the legislature control over the election board. Hard not to read that as direct repudiation of Raffensperger for doing his job, and not facilitating Trump's attempt to nullify the presidential election.