Friday, May 15, 2020

I'm Old Enough To Remember When The ACLU Actually Fought For (Some) Civil Liberties

How can you claim to support civil liberties when you don't support due process?
After a week of the usual suspects complaining, the American Civil Liberties Union has wandered into the fray, filing a lawsuit to block DeVos’s new federal guidelines.

Like all of the DeVos haters, the ACLU is lying about the changes:
DeVos is Rolling Back Protections for Sexual Harassment and Assault Survivors in Schools. We’re Suing to Put a Stop to It.
This is the American Civil Liberties Union almost gleefully taking a legal stand against due process. DeVos’s revisions strengthened protections for the accused where none existed. Males on college campuses merely had to be accused to have their lives completely upended. In reality, the ACLU should have gotten involved earlier.

The organization seems to have lost all sense of its original purpose.
How the mighty have fallen.  Suicide, actually.

Update, 5/16/20There's more:
The ACLU vs. due process. If you were looking for more evidence that the American Civil Liberties Union (ACLU) has been losing its principled approach to civil liberties, look no further: The group has filed suit to thwart Education Secretary Betsy DeVos's recently proposed reforms to bolster due process protections for students accused of sexual misconduct.

"DeVos has discarded decades of [the Department of Education's] experience addressing sexual harassment and assault by promulgating regulatory provisions that sharply limit educational institutions' obligations to respond to reports of sexual harassment and assault," wrote the ACLU in its lawsuit. "If allowed to be implemented at educational institutions nationwide, these provisions will make the promise of equal educational opportunities irrespective of sex even more elusive. This is true for all students, including students of color, LGBTQ students, and students with and without disabilities, in grade school, high school, and higher education."

The lawsuit frequently asserts that marginalized students will suffer under the new rules, but it never acknowledges that students of color were disproportionately harmed by the old rules. White woman accuses black man of rape; black man is expelled was a distressingly common series of events under the old regime—one that might have invited sympathy from an older model of the ACLU, given the organization's historic concern that racism in the criminal justice system has led to disparately harsh outcomes for black people.

Not this time. To the extent the lawsuit addresses racism, it uses it as a cudgel to break apart DeVos's carefully considered revisions to some Obama-era rule changes. The lawsuit frequently notes—as if this is some trump card that should override the new protections—that there is now a different standard for allegations of sex-based discrimination than there is for race-based discrimination on campuses....
You've gotta give the libertarians credit for consistency on the issue of civil liberties.

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