Fight or Flight

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Fight or Flight
By Jamal Watson
Aug 23, 2007, 09:00

Ted Shaw and other diversity proponents retool while Ward Connerly gloats.
By Jamal Watson

Opponents of higher education affirmative action programs are gearing up to launch their largest attack in recent years. The planned assault comes in the wake of the recent U.S. Supreme Court ruling that severely limited the use of race in K-12 integration plans.
“I believe that we are now poised for a coup de grâce to say that race preferences in the eyes of the public should not be used,” says Ward Connerly, the chairman of the American Civil Rights Institute, a conservative organization based in Sacramento, Calif., that opposes racial and gender preferences.
It was Connerly who orchestrated Proposition 209, a California ballot initiative that outlawed race and gender preferences in state hiring and university admissions. A similar bill passed in Michigan last year.
Now, he is leading a national effort aimed at placing similar anti-affirmative action initiatives on the November 2008 presidential ballot in Arizona, Colorado, Missouri, Nebraska and Oklahoma.
“This is going to be Super Tuesday for equal rights,” Connerly says. “I think it’s very clear that we are witnessing an end to an era.”
The imminent assault on affirmative action has some wondering why more civil rights groups aren’t actively strategizing a defense. One possible explanation is that the groups simply don’t have the money necessary to mount an aggressive campaign. And a legal climate that appears increasingly hostile to affirmative action, combined with indifference from civil rights leaders and younger generations, could signal that the battle may be a losing one.
Dr. William F. Tate, the president of the American Educational Research Association and a professor of education at Washington University in St. Louis, predicts that Connerly’s well-organized and well-financed effort will likely pass in Missouri.
Connerly’s group has raised millions of dollars and is planning to launch public service announcements in the battleground states aimed at convincing voters to abandon state-funded affirmative action programs. Further weakening the ability of pro-affirmative action groups to engage in a serious legal fight is the fact that the highest court in the land is solidly conservative and unsympathetic to affirmative action. In the years since its 2003 Grutter v. Bollinger decision affirmed race-conscious admissions at the University of Michigan, the Court has added Chief Justice John Roberts and Justice Samuel Alito, both staunch conservatives. With five conservative-leaning Justices, most observers were accurately skeptical that the Court would rule in favor of race-conscious school segregation remedies in the recent K-12 cases.
“I think this was an illogical ruling, but no one was really surprised,” says Tate.
It appears that the NAACP Legal Defense and Educational Fund is the lone organization that has made this issue its main priority. Even its parent organization, the NAACP, which is a separate nonprofit group, seems to have taken a back seat in the battle. For decades, the NAACP aggressively took on the issue of unequal educational opportunities, but the major highlight of this year’s annual convention was the symbolic burial — with a casket and pallbearers — of the “N” word.
Ted Shaw says he isn’t willing to concede defeat to anti-affirmative action groups.
Observers generally agree that there appears to be a degree of complacency among some Blacks, particularly the older generation, who wonder whether affirmative action is the most pressing issue facing the community.

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