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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 The move, executed late Tuesday, came just a day after President Trump rescinded executive orders requiring diversity and affirmative action in the federal workplace.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 Until President Trump rescinded it on Tuesday, EO11246 also required “contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.”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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Judge Tosses Kennedy Center’s Lawsuit Against Artist Who Canceled Over Trump’s Name

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A judge on Friday tossed out a lawsuit brought by the Kennedy Center against an artist who withdrew from a performance after the organization’s board voted to add President Donald Trump’s name to the venue, The Washington Post reports.

The artist, jazz musician Chuck Redd, pulled out over what he called “the defiant and illegal name change happening to the Kennedy Center,” according to the Post.

But, as D.C. Superior Court Judge Tanya Jones Bosier found, Kennedy Center officials had not made a legally binding agreement with Redd, and there could be no breach of contract claim as a result.

“There’s no dispute that he did not sign the 2025 agreement,” the judge said.

In a statement, Redd’s attorney, Lisa Banks, said Redd had been sued “because he publicly and rightly objected to adding Donald Trump’s name to the Kennedy Center, a living memorial to former President John F. Kennedy.”

Banks called the lawsuit “political retribution, pure and simple, by the Trump Kennedy Center,” and said that “the Court correctly saw it as such in dismissing the case with prejudice.”

According to the Post, after Redd withdrew, then-Kennedy Center president Richard Grenell said in a letter to Redd, “This is your official notice that we will seek $1 million in damages from you for this political stunt.”

In December, Redd told the Associated Press, “When I saw the name change on the Kennedy Center website and then hours later on the building, I chose to cancel our concert.”

On Thursday, the general counsel for the John F. Kennedy Center for the Performing Arts ordered Trump’s name to “immediately” be removed from the building after a federal judge found adding the president’s name to the Center was unlawful, The New York Times reported.

“The memo gave staff members detailed instructions on the materials that needed to be updated, including social media accounts, email signatures and voice mail messages,” the Times reported. “It specified that outdoor and indoor signage with the barred name must be altered by June 12.”

Late last month, a federal judge ordered that President Donald Trump could not rename the Kennedy Center, nor could he close it for what the Trump administration said were two years of renovations.

“The Kennedy Center’s organic statute makes crystal clear that the Center is to be named for President Kennedy, and it cannot bear any other formal name or public memorial based on the Board’s unilateral say-so,” the judge wrote, CNBC reported. “Congress gave the Kennedy Center its name, and only Congress can change it.”

 

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How ‘Inept’ Trump Is Getting ‘Worse at All of This’: Political Scientist

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“All presidents lose. Trump loses more often, on more things, than most,” says political scientist Jonathan Bernstein in a written conversation with New York Times Opinion editor John Guida.

Bernstein argues that Trump is an “inept” president who “actually gets worse at all of this as he goes along.”

“Trump thinks winning elections is like winning a prize — the United States of America — to do with as he pleases,” he writes. “But what actually happens in elections is that the voters hire you to do a job. It’s a job with some 340 million bosses. And like all jobs, it has constraints and obligations.”

Trump “just doesn’t see that,” says Bernstein, who also notes that “Trump has hardly had a week where his approval exceeded his disapproval.”

What Trump is actually good at is being “a really good reality TV star.”

“He’s very good at grabbing attention,” which “can help a president set the agenda,” Bernstein says. “Political scientists have found that presidents aren’t very good at changing what people think, but they can be good at changing what people think about.”

Trump has been good at creating “a Democratic Party eager to fight — and that may even, in time, undermine the 50 years of successful G.O.P. gains in the courts,” but he has not worked to get his agenda passed in Congress.

“With the power to set the agenda, skilled presidents can get things done: by pressing Congress to vote on something they would rather not vote on or by pressing the bureaucracy to pay attention to their directives,” says Bernstein. “Trump is an inept president, so he mostly squanders the attention he gets — and at least half the time, he winds up drawing attention to things that don’t help him at all.”

Trump has not been successful at getting Congress to pass his most important legislation: the SAVE America Act, or at getting the Senate to kill the filibuster. Recently, even some GOP lawmakers crossed the aisle in a significant rebuke of the president — namely the War Powers Act legislation — and some have balked at Trump’s $1.8 billion anti-weaponization fund.

Meanwhile, “Trump has managed to do a lot of damage that will be truly hard to undo,” says Bernstein. “Legal talent has drained from the Justice Department. The same thing is happening virtually everywhere in the federal Civil Service, especially after work force cuts.”

It will “take time to rebuild,” but it will “be hard for any future president to recover from the foreign policy debacles,” he warns.

 

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Why James Carville Says Voters Should Back Graham Platner — Despite His ‘Flaws’

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Democratic political consultant James Carville wants Maine voters to back Graham Platner despite the candidate’s flaws — and partly because of some of them. Platner is currently the likely Democratic nominee in Maine’s U.S. Senate race. If Platner wins the primary, he will face Republican Senator Susan Collins, who was first elected in 1996.

“I understand he’s f—— up,” said Carville on his Politicon podcast. “Yeah, maybe we need a combat veteran right on that Senate floor, who is f—— up.”

Carville berated Senator Collins by calling her “the most pliable member in the history of the United States Senate.”

He warned that he believes the country is “in imminent peril — I mean, imminent peril,” and asked: “Who is most likely to slow this criminal in charge?”

“I think it’s Graham Platner.”

“I ask all of you to understand his flaws, and understand the peril that this nation is in, and maybe he might be the right guy at the right time,” said Carville.

“Graham Platner grew up, I think, pretty privileged,” Carville said, sharing some of the likely Democratic nominee’s backstory. “He went to some kind of fancy fancy boarding school. He graduated, he joined the United States Marine Corps. He was in for eight years. He had three combat deployments. He gets out of the Marine Corps, and he goes to GW.”

Then Platner “joined the Maryland National Guard. Oh, you know what happened? He gets deployed a fourth time.”

“He’s f—— up,” said Carville. “He’s been shot at. He’s a veteran. All right? He’s got a little bit weird. He’s an oysterman. I know what oystermen do. I live in Louisiana. I think that oyster harvesting is the same the world over, it’s hard a—— work.”

Carville acknowledged that he has concerns, but said that maybe senators “need to look at this guy before they start sending young people off to fight wars, and see what the consequence of it is. Maybe he ought to run and say, ‘You don’t know, I’m gonna be on a veterans affairs committee, and I wanna be on a mental health subcommittee, ’cause I know something about… Yeah, I might be five degrees off dead center. So f—— what?’ They need that.”

He said he doesn’t agree with Platner’s economic stances, that they are “to the left of anything I’d say I’m for.”

“But you know what? He recognizes this horrific inequality in this country. And it actually would do some good to have somebody in there.”

Carville called Platner’s tattoo “very troubling.”

He said, “what I have to consider first, is this country is about to lose it. The whole goddamn thing.”

“Okay, we gotta win this,” Carville concluded. “And if we got a person who’s understandably got issues, yeah, good. And maybe people ought to see it, and maybe we ought to just be reminded of what these stupid wars have brought about in the consequence of said stupid wars. It’s [what] stupid Susan Collins been for all her political life.”

 

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