Contoh kasus law as a tool of social engineering

вЂњYour race and your ethnicity should not be used to help you or harm you in your lifeвЂ™s endeavors.вЂќ Blum, who has led efforts to challenge race-based admissions policies at universities, including a high-profile case against Harvard. вЂњIt is like, in the employment arena, going to apply for a job and seeing a sign on the employment office that reads, вЂNo Asians need apply,вЂ™вЂќ said Mr. вЂњFor some folks, itвЂ™s shocking, itвЂ™s distasteful.вЂќД«ut Edward Blum, a white conservative activist whose organization, Project on Fair Representation, is underwriting one of two lawsuits challenging the fund, said the opposition was about preventing racial exclusion. вЂњAs a state, as a country, it is unusual for us to provide adequate resources to Black people,вЂќ said Nkenge Harmon Johnson, the president and chief executive of the Urban League of Portland. Some Black residents, who make up about 2 percent of the stateвЂ™s population, said that argument was a distraction. And while other racial groups have said they supported it, critics have argued that Black people are not the only ones who have faced discrimination in the state. OregonвЂ™s long history of anti-Black racism has fueled much of the advocacy for the stateвЂ™s fund. With Congress having recently extended the deadline to the end of this year for states to spend their CARES Act funds or return what remains to the federal government, some worry that lengthy litigation could mean the money is lost for good. вЂњAnd I think here itвЂ™s going to be a real question as to whether funding just Black businesses through this Cares fund is actually the only way that you could address the problems that Black Oregonians have experienced during this particular period.вЂќ вЂњYou have to show that thereвЂ™s this really close nexus between why youвЂ™re using race and the outcome youвЂ™re seeking,вЂќ said Melissa Murray, a professor of law at New York University.

But the court in recent decades has also sided against one of the original rationales for affirmative action policies - to undo past discrimination and its lingering effect. The court has most notably allowed race to be used as a factor in college admissions to achieve student diversity. Supreme Court rulings have established that race-based policies are constitutional only if they achieve a compelling governmental interest and are narrowly tailored to do so. Over the decades, various remedies to address discrimination have been met with legal challenges. In creating the Oregon Cares Fund, lawmakers took the rare step of explicitly naming a single racial group as the beneficiary, arguing that Black residents have been subjected to unique discrimination that put them at a disadvantage during the pandemic. Politicians, social scientists and jurists have long clashed over how far the government and institutions should go to repair the harm caused by racial discrimination - and the extent to which past racism should influence todayвЂ™s decisions. It has unfolded, too, against the backdrop of the Black Lives Matter movement, with institutions across America - from corporations to city councils - acknowledging systemic racism, and activists demanding that meaningful steps be taken to undo racial inequities. The dispute in Oregon is the latest legal skirmish in the nationвЂ™s decades-long battle over affirmative action, and comes in a year in which the pandemic has starkly exposed the socioeconomic and health disparities that African-Americans face. вЂњIt was finally being honest: This is who needs this support right now,вЂќ said Lew Frederick, a state senator who is Black.Д«ut now millions of dollars in grants are on hold after one Mexican-American and two white business owners sued the state, arguing that the fund for Black residents discriminated against them. The state would earmark $62 million of its $1.4 billion in federal Covid-19 relief money to provide grants to Black residents, business owners and community organizations enduring pandemic-related hardships.

Many did not have valuable houses they could tap for capital, and requests for government assistance had gone nowhere.ДЄfter convening several virtual meetings, the civic leaders proposed a bold and novel solution that state lawmakers approved in July. Locally, Black business owners had begun fretting about their livelihoods, as stay-at-home orders and various other measures were put into place. Black civic leaders in Oregon heard the alarm bells early in the pandemic.Дata and anecdotes around the country suggested that the coronavirus was disproportionately killing Black people.

Contoh kasus law as a tool of social engineering