CNS: California’s legislature is mandating racial quotas for corporate boards.
“Experts say” that “runs afoul of constitutional principles,” according to the Wall Street Journal. “New legislation passed over the weekend would mandate that publicly-traded companies headquartered in the state must have at least one director from a minority community by the close of 2021. There are more than 500 public companies based in California in the Russell 3000, which accounts for the vast majority of companies.”
The bill is indeed unconstitutional. The bill is described as promoting “racial diversity.”
But racial quotas are forbidden as a means of pursuing diversity, even in the unusual contexts where an applicant’s race can be considered to promote diversity.That’s what the Supreme Court ruled, when it struck down a racial quota in college admissions. It ruled that violated both the Constitution and 42 U.S.C. 1981, which bans racial discrimination in public and private contracts. (See Gratz v. Bollinger, 539 U.S. 244, 276 n.23 (2003)).
Moreover, corporate boards are not an area where diversity justifies the use of race at all. Most courts say that in employment, as opposed to college admissions, diversity is not a reason to consider an applicant’s race. An appeals court struck down a federal diversity regulation imposed on broadcasters for that reason, finding it unconstitutional. more here
What does the Constitution have anything to do with it? This is California and liberals. It should be a living document. That phrase translates to “whatever we want it to mean”
How would you like to be the director appointed to the board to satisfy the law? Your competence would always be in question.
That’s it! I’ll get my dream job: high pay,unrelated to job performance.
Fetch me my Shineola!!!
One of the major failings of the U.S. and state constitutions is the lack of severe penalties for govt individuals whether elected, appointed, or hired who violate their oaths of office. Those oaths pretty much universally require support and defense of those constitutions and the laws of their localities and of the U.S.
There also needs to be a mechanism analogous to the current judicial branches to handle accusations of such violations, and that mechanism must be entirely separate from existing political processes and partisanism. I have no idea how to define that mechanism other than those individuals with that responsibility must not be, nor ever have been, elected, appointed, or hired as a govt functionary.
Instead of making the constitution a living document, they’re killing it instead.
@Ornery1 – that’s Affirmative Action in a nutshell, regardless of whether it is race-related, sex-related, or other type. A perfectly well-qualified minority (in whatever context) now has to bear others wondering whether (s)he is qualified or just a recipient of a free pass. And those given that extra boost when not the best applicant may lead to financial losses or even loss of life if they are in a safety-related field. Very sad.
California Lawmakers have publicly stated many times that they don’t feel the U.S, Constitution applies to California
The more important question, considering that the state is now properly known as “Mexifornia,” is CAN the members of the legislature read at all?
Just sayin’.
the racism of low expectations.
can’t make it on their own they need the full force of the government behind them to achieve worthwhile goals.
mmm who are the real racists?????
Shouldn’t be a problem, once the last business leaves CA.
Later this month, I reckon. 😳
Get woke, go broke. Any corporation that starts picking tokens for the board will go downhill. Time to move.
The article in the WSJ raises the constitutional issue of equal protection under the law and that is an issue but the real issue is the issue the Left has effectively silenced since the Progressive era the began over a hundred years ago. The actual issue is one of property rights. The corporations are private property and without property rights – inviolate property rights that can only be violated by the state for explicit reasons by due process of law as decided in court of law or for eminent domain – there are no rights.
Before the Progressive era destoyed the legal underpinning of inviolate property rights to freedom this entire issue would be seen by everyone in America as a laughingstock of criminality on the part of the legislature. But it wouldn’t even get that far because no one would have been so brazen in their corruption to think they could pull it off. Because everyone would understand the issue of property rights and how it underpins the fundamental issue involved: freedom and liberty.
Heads up to anyone living in California, All Previous Voter Registration has been changed (without citizen approval or notification). This change shows that ALL California citizens requested Vote By Mail Ballots. This means, if you go to the polls without changing your preference you will be turned away. To correct your ballot go to:
sos.ca.gov. Next, click on the Elections Tab. Go to hyperlink “re-register to vote”. Fill out the information. Selection boxes regarding mail-in voting materials being sent to you or requesting any voting materials VOTE NO. There are 3 questions on this topic, vote NO
on all 3. The wording is intended to trip you up. Please pass this information to all California residents. Be sure to print your copy as you need your individual number to vote. They may be doing this in other states as well. Everyone should check their current registration to be sure your information was not changed to requesting Mail-in voting. Democrats are planning to dump all mail in votes on election headquarters the day after the election and declare they won.
I also sent a heads up to the White House.