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Tuesday, President Donald Trump He issued an executive order rescinding Executive Order 11246 issued by President Lyndon Baines Johnson effective September 1965 (and numerous other similar orders and memorandums over the decades that followed). Trump's new order is consistent with the Civil Rights Act of 1964 and the Fourteenth Amendment. Trump's order can be read here.
Johnson's dire shift toward “race-based counting” was profound, one that has been extended by the Republican Party Supreme Court of the United States (SCOTUS) in the 1978 Bakke decision that was finally and completely rejected by SCOTUS in recent years is now federal policy that can be implemented by the Civil Rights Division of the Department of Justice and the Office of Civil Rights of the Department of Education.
This is neither a “liberal” nor a “conservative” act. It is the Constitution that speaks, as the Constitution was amended to eliminate the great stigma of slavery after the long and bloody Civil War.
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The path to the Fourteenth Amendment's original public meaning from 1868, when the Fourteenth Amendment was ratified, took until Tuesday to complete: Citizens of the United States shall not be subject to penalties or awards based on any property or established religious belief. No institution, from Harvard College, founded long before the ratification of the Constitution, or a local convenience store, may lawfully violate this first principle of the Fourteenth Amendment.
Do not discriminate on the basis of race, gender, ethnicity or religious belief. a period.
The 19th century SCOTUS law took a terrible turn in the slaughterhouse cases that distorted the interpretation of the 14th Amendment and then the Plessy decision and the Supreme Court corrected itself in Brown v. Board of Education in 1954. Congress enshrined the above basic principle in the Civil Rights Act of 1964.
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Johnson did not understand what he was calling, but in the past 20 years, “counting by race, gender and sexual orientation”, along with difficulties and discrimination against people of faith, has taken root in government and elite institutions.
US Supreme Court Chief Justice John Roberts and Supreme Court Justice Brett Kavanaugh arrive for the inauguration before Donald Trump is sworn in as the 47th President of the United States in the Capitol Rotunda in Washington, DC on January 20. (Saul Loeb // Pool via Reuters)
The Supreme Court has stumbled for nearly 50 years to finally, and hopefully irreversibly, settle what Abraham Lincoln, Dr. Martin Luther King, and most recently Chief Justice John Roberts so succinctly and eloquently stated in the 2007 case Parents Involved in Community Schools v. Community Schools. Seattle School District No. 1 when he wrote: “The way to stop discriminating on the basis of race is to stop discriminating on the basis of race.”
The Chief Justice lacked enough original allies on the highest court to infuse this basic principle of sound constitutional law into every fiber of government at every level of government until President Trump nominated and the U.S. Senate confirmed three new justices during Trump's first term. Now the original majority is six strong votes.
Trump's executive order may be challenged. I hope so.
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The Supreme Court, created in part by President Trump, has affirmed the original meaning of the 14th Amendment and the Civil Rights Act of 1964 in recent years. Let any institution challenge this new executive order and you will discover that it rests on the strongest constitutional foundations.
Bravo to the many hands that crafted it, and especially to President Trump who signed it.
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Hugh Hewitt is the hostThe Hugh Hewitt Show,” is heard weekday mornings from 6 a.m. to 9 a.m. ET on the Salem Radio Network, and simulcast on the Salem News Channel. Hugh America wakes up on more than 400 affiliates nationwide, and on all streaming platforms where it can be seen SNC A frequent guest on the Fox News Roundtable hosted by Bret Baier weekdays at 6pm ET, he is a native of Ohio and a graduate of Harvard College and the University of Michigan Law School. He was a law professor. At Chapman University's Fowler School of Law since 1996, where he teaches constitutional law, Hewitt launched his eponymous radio show from Los Angeles in 1990. Hewitt has appeared frequently on every major national television news network, and has hosted television programs for PBS and ABC. MSNBC, which has written for every major American newspaper, has written dozens of books and moderated a number of Republican candidate debates, most recently the November 2023 Republican presidential debate in Miami and four Debates. In the 2015-2016 Republican presidential debates, Hewitt focused his radio show and column on the Constitution, national security, American politics, and the Cleveland Browns and Guardians. Hewitt has interviewed tens of thousands of guests from Democrats Hillary Clinton and John Kerry to Republican Presidents George W. Bush and Donald Trump over the course of a 40-year career in broadcasting. This column reviews the major story that will drive his radio/TV show today.
