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‘Civil Rights Canon in American Law’: Trump Rescinds Historic LBJ Nondiscrimination Order

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With a stroke of a pen, President Donald Trump signed a sweeping executive order on Tuesday that overturned government policies going back six decades that banned discrimination and required affirmative action by federal contractors. This order canceled directives established by previous orders, including those issued by Presidents Lyndon B. Johnson and Barack Obama. The move, executed late Tuesday, came just a day after President Trump rescinded executive orders requiring diversity and affirmative action in the federal workplace.

In 1965, President Lyndon Baines Johnson signed Executive Order 11246, banning federal contractors “from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin,” according to the U.S. Department of Labor, which was charged with ensuring its compliance. Until President Trump rescinded it on Tuesday, EO11246 also required “contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.”

President Barack Obama in 2014 amended that order via Executive Order 13672, which added “sexual orientation or gender identity” to the list of protected classes.

In his Tuesday executive order, “Trump said the OFCCP [Office of Federal Contract Compliance Programs] must immediately stop promoting diversity and affirmative action, and cease ‘allowing or encouraging’ contractors and subcontractors to engage in ‘workforce balancing’ based on race, sex, color, religion, national origin, and ‘sexual preference,'” according to Bloomberg Law.

READ MORE: ‘Hunting Grounds’: Trump Cancels Biden Ban on ICE Arrests at Schools, Churches, Hospitals

“Trump has jumped into action in weakening diversity, equity, and inclusion policies since his inauguration. He already signed a pair of executive orders on Jan. 20 that eliminated DEI programs within the federal government and restricted the definition of ‘gender’ to male and female,” Bloomberg reported. “Trump’s sweeping new order Tuesday also aimed to ‘encourage’ private-sector companies to end ‘illegal’ DEI programs by redefining them as a form of discrimination.”

Axios reported, “This takes the current pushback on diversity, equity and inclusion into the next stratosphere — abolishing decades of government standards on diversity and equal opportunity, and seeking to crackdown on the same in the private sector.”

Trump on Tuesday also effectively furloughed all employees throughout the federal government, placing them on leave with pay. It is expected that he will terminate their employment.

“The memo, issued Tuesday to heads of departments and agencies, sets a deadline of no later than 5 p.m. ET Wednesday to inform the employees that they will be put on paid administrative leave as the agencies prepare to close all DEI-related offices and programs and to remove all websites and social media accounts for such offices,” NBC News reported. “It also asks federal agencies to submit a written plan by Jan. 31 for dismissing the employees.”

“Trump signed an executive order Monday ending ‘radical and wasteful’ diversity, equity and inclusion programs in federal agencies, with DEI offices and programs being ordered to shut down.”

Trump has a history of battling government anti-discrimination regulations. His real estate business was sued in the 1970s by the U.S. Department of Justice in a racial discrimination case.

“Trump and his father fiercely fought a 1973 discrimination lawsuit brought by the Justice Department for their alleged refusal to rent apartments in predominantly white buildings to black tenants,” the Associated Press reported in a 2016 fact check. “Testimony showed that the applications filed by black apartment seekers were marked with a ‘C’ for ‘colored.’ A settlement that ended the lawsuit did not require the Trumps to explicitly acknowledge that discrimination had occurred — but the government’s description of the settlement said Trump and his father had ‘failed and neglected’ to comply with the Fair Housing Act.”

READ MORE: Rubio Sidesteps J6 Pardons by Declaring ‘I Work for Donald J. Trump’

Constitutional law professor and political scientist Anthony Michael Kreis on Wednesday called LBJ’s EO11246 “a fundamental piece of the civil rights canon in American law.”

“The symbolism” in Trump revoking the order, “is huge,” he added.

“The phrase ‘affirmative action’ was used by JFK in a 1961 order on equal employment. Johnson followed it with this order, which survived six Republican presidents — including Trump’s first term,” noted ABC News Radio’s Steven Portnoy. “He revoked it last night.”

“The rollback of civil rights intensifies. For almost six decades, Executive Order 11246 (signed by LBJ in 1965) forbade federal contractors and vendors to discriminate by race, color, national origin, religion, sex, etc. This morning, the president revoked it,” commented Tom Sugrue, a Professor of Social and Cultural Analysis and History.

Laurence Tribe, the noted constitutional law scholar and retired Harvard Law professor, observed: “There goes six decades of progress toward justice begun by LBJ.”

Nicholas Sarwark, former Chair of the Libertarian National Committee, noted: “One of the goals of MAGA is to repeal the civil rights era, making segregation, discrimination, and voter suppression legal and deny people their rights under the Constitution and the laws of the United States. Will that make life better for you, your family, or your neighbors?”

At The New Republic, Malcolm Ferguson wrote: “This is a massive, regressive attack on basic policy that helps protect people from real discrimination. And it won’t lower the price of eggs.”

READ MORE: Trump Defends His TikTok Flip Flop: America Has ‘Bigger Problems’ Than Young Kids’ Privacy

 

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Amid ‘Confusion and Disorder’ Prosecutors ‘Hit the Brakes’ on Brennan Probe: Report

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Just days after the U.S. Department of Justice removed the federal prosecutor in charge of its investigation into former CIA Director John Brennan, the DOJ reportedly has “hit the brakes” and begun to withdraw several subpoenas issued in the case.

MS NOW‘s Carol Leonnig and Lisa Rubin report that the criminal probe into Brennan includes “a purported conspiracy by the Obama administration to embarrass President Donald Trump,” according to people familiar with the matter.

“The dramatic shift in plans revealed some confusion and disorder in the controversial Justice Department investigation, which career prosecutors have privately criticized as lacking evidence and being politically motivated to please Trump,” MS NOW noted. The subpoenas had been served over the weekend, after the removal of the prosecutor, to witnesses “purportedly with knowledge of the Obama administration’s decision to investigate Russian interference in the 2016 election.”

The subpoenas were seen by Trump allies “as a sign of progress the Justice Department was making in a top political priority for the president: to go after the architects of the Russia probe that eventually became special counsel Robert Mueller’s investigation of Trump’s campaign and Trump himself.”

READ MORE: Breaking From Trump Republican Says Families Are ‘Struggling’ — But Points Finger at Biden

Some subpoenas were to be served to former government officials and some current and former intelligence agency officials, MS NOW reports, in the case where the DOJ is “looking to charge Brennan with making false statements about his and the CIA’s role in launching the Russia probe.”

Rather than serve subpoenas, DOJ will seek voluntary testimony.

The probe into Brennan is part of a larger “grand conspiracy” investigation into why the Russia probe was opened. But the critical loss of prosecutors “appears to have contributed to the whiplash decision to subpoena witnesses this weekend in Washington in the Brennan investigation and then withdraw them days later, according to the people.”

The prosecutor who had been removed had told colleagues that she had informed her supervisors there was insufficient evidence to charge Brennan.

READ MORE: The Supreme Court Is at War — With Itself: Columnist

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The Supreme Court Is at War — With Itself: Columnist

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The U.S. Supreme Court, “nine angry men and women in black robes,” according to Philadelphia Inquirer columnist Will Bunch, has gone “off the rails,” and is now “at war with itself.”

“Almost every day, there are new signs — from shocking news leaks to surprisingly indecorous public jabs, and legal opinions that read like cries for help — that the U.S. Supreme Court is at war … with itself,” Bunch argues. “Looming large over this soft civil war inside one of America’s three branches of government is our most fundamental liberty, the right to vote.”

Pointing to President Donald Trump’s war in Iran, amid its “shaky” ceasefire and “the daily unraveling” of the White House, “the biggest bombshell wasn’t dropped in the Persian Gulf but in the pages of the New York Times.”

Bunch is referring to the widely-cited scoop from the Times‘ Jodi Kantor and Adam Liptak, that reveals the extreme steps Chief Justice John Roberts took to block President Barack Obama’s Clean Power Plan — and expand the powers of the Court via the “shadow docket.”

“For more than a decade now, these emergency rulings have largely constrained Democratic presidents and boosted the power of Donald Trump on major issues,” Bunch writes.

He notes that the Times published a batch of five justices’ secret memos, including those from Roberts, that “exposed the hypocrisy” of the Chief Justice, “who has argued during his two decades overseeing the court that its justices are not political actors but impartial umpires ‘calling balls and strikes,’ based on sound interpretation of the law.”

Bunch states these memos “reveal Roberts as less an umpire and more the manager of a team desperate to win the World Series for corporate America.”

The leaking of the memos, which, to many, cast Roberts in a negative light, “is just the latest in a series of news leaks and public statements coming from the Supreme Court that lack any precedent, legal or otherwise.”

Bunch says the court had already been facing a “crisis of credibility,” given the “revelations of alleged corruption” swirling about Justice Clarence Thomas, and the “billion-dollar efforts by wealthy conservatives to shape and then lobby the court.”

The Times’ report was far from the first leak.

READ MORE: Breaking From Trump Republican Says Families Are ‘Struggling’ — But Points Finger at Biden

In 2022 came the “Mother of All Leaks” — the draft opinion that would ultimately overturn 1970s’ landmark ruling, Roe v. Wade.

The leaker was never discovered, but “there’s been much speculation that it came from the conservative wing hoping the news coverage would prevent last-minute defections.”

Meanwhile, since the Court’s 2024 decision granting President Donald Trump and all presidents sweeping immunity from criminal prosecution for “official acts,” Bunch writes, “there has been even less decorum and more overt verbal warfare.”

Sometimes, justices publish their snipings inside their opinions, “as when Justice Sonia Sotomayor wrote in response to that ruling on presidential power that POTUS is now ‘a king above the law,’ signing off ‘with fear for our democracy.'”

Bunch says an even more “shocking” event occurred when Sotomayor “lashed out” at Justice Brett Kavanaugh, when she commented that one of his opinions had come from “a man whose parents were professionals. And probably doesn’t really know any person who works by the hour.”

She quickly apologized.

Like the 2022 leak, no one has publicly stated who leaked the secret memos to The New York Times.

But, Bunch surmises, someone “very high in the judicial pyramid is trying to send a ‘bat signal’ to the American public — that things at the nation’s highest court have gone off the rails.”

READ MORE: ‘Dropping Like Flies’: Which of Trump’s Cabinet Secretaries Will Be Next?

 

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Breaking From Trump Republican Says Families Are ‘Struggling’ — But Points Finger at Biden

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A prominent House Republican is breaking with President Donald Trump on the state of the U.S. economy — which the president in recent months has called the “hottest” in the world and suggested that the inflation and affordability crises have been resolved. But she’s also placing the blame on former President Joe Biden, well over a year after he left office.

House Republican Conference Chair Lisa McClain “offered a rare acknowledgment from a GOP leader Tuesday that the U.S. economy might not be in tip-top condition,” Politico reported.

“Now, I know that even with bigger refunds, many families are struggling right now. And I get it,” McClain told reporters.

“But we also owe it to the American people to be honest about how we got here, to make sure we don’t ever go back again. So let me be candid, and let me refresh everybody’s memories,” she said, declaring that the Biden administration “killed” the Keystone Pipeline on “day one.”

The pipeline was never completed — Biden revoked a permit for it.

READ MORE: ‘Dropping Like Flies’: Which of Trump’s Cabinet Secretaries Will Be Next?

“Then,” she continued, “the Biden administration made it harder to ‘drill baby drill.'”

By the time President Biden left office, the U.S. was the world’s largest producer of oil and a net exporter of petroleum products and natural gas.

After praising the Trump administration for opening up more drilling permits, McClain scolded the press: “We need to tell the truth on truly what’s going on.”

“I’m not passing the buck, I’m giving you the facts,” she said.

“It’s crazy that Democrats closed the Keystone pipeline,” she reiterated. “It’s crazy to rely on our enemies for our oil and our natural gas. And it is crazy to sacrifice our national economic security for woke Green New Deal talking points.”

“So, no. Energy prices aren’t where any of us want them to be,” she acknowledged before praising Trump’s energy policies.

READ MORE: ‘What Evil Looks Like’: Columnist Says Trump Presides Over a ‘Circus of Death and Chaos’

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