There is of course dispute over whether these two policies are constitutional -- the administration has its reasons for pursuing them.

The fact that federal judges have issued injunctions against their continuation also says something important about them.
The point of including these two examples (along with several others that Balko does not discuss) was to show how "elite consensus" has shifted on how explicitly government and other entities should be taking identity into account in making policy
Balko helpfully demonstrates the existence of that novel consensus by arguing on its behalf.
You can make a case that we should be allowed to do this for some of the reasons Balko cites (and of course the Biden administration is acting on this case), but the existence of the injunctions underscores how much of a real ideological shift this is.
It was the purpose of the piece to 1.) draw attention to that shift and 2.) point out how this sea change in underlying assumptions has manifested suddenly with little explicit deliberation.
From the judge's ruling granting injunctive relief to the class of farmers not qualified for debt relief under the program:
"In sum, the Government’s evidence falls short of demonstrating a compelling interest, as any past
discrimination is too attenuated from any present-day lingering effects to justify race-based
remedial action by Congress"

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More from @wesyang

20 Jul
Kendi purifies the argument for affirmative action and removes all the complications and ambivalence written into court doctrine around it. He says that the way to know if there is racism present is if disparities are present. If disparities are present, then racism is present.
It's very hard for liberals that have accepted the case for affirmative action to reject Kendi-ism, though many, like Ezra Klein, are discomfitted by the purified version of the fuzzier, hazier practice they've embraced
It's precisely the fuzzy haziness, however, that made affirmative action a workable kludge in a system purporting to confer rights onto individuals rather than groups and that proclaimed itself meritocratic
Read 11 tweets
16 Jul
It's the failure to cancel idea launderers on the basis of tendentious, low-quality advocacy research that is the real problem in academia
Academic speech is speech that meets the standards of rigor of the respective disciplines -- the failure to enforce those standards on those who corrupt the disciplines is what began the ideological succession
Graduate students and faculty who join and lead online bullying mobs should all without exception be ejected from academia — such behavior is inherently hostile to the whole purpose of a truth seeking institution
Read 4 tweets
15 Jul
What do we call the force that compels people to speak in this way? I call it Successor Ideology.
Anybody have a screenshot I can post?
Read 4 tweets
13 Jul
Kendi is not a Critical Race Theorist but a monomaniac who turned CRT’s critique of racial liberalism into a demand for final authority over every law and public official in America
The chattering class is hesitant to embrace Kendi-ism in full. They know he is a fanatic with totalitarian ideas. But the institutions, the corporations, the tech oligarchs have all already anointed him. So, why the hesitation? What residual values are still in play?
Read 4 tweets
12 Jul
We all end developing a woke brain module in the course of mocking it and having to navigate around it.

An expenditure of electrical (in this case biochemical) energy as great as crypto.
Everyone of these facetious interventions either has or soon will be used in earnest
Only the first tweet is serious. The rest are mocking it, but by those deploying well-developed woke brain modules
Read 4 tweets
11 Jul
My Substack hasn’t even launched and is already the subject of a CIA conspiracy theory
The reason you know Successor Ideology wasn't created by a foreign government or intelligence agency is that you could literally watch it being manufactured in real time by teenagers on LiveJournal and tumblr in the aughts
Clearly, the appropriation of this stuff by the CIA and security state is right out in the open.

The truth is dumber and more pedestrian than one would think.… ImageImage
Read 4 tweets

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