Articles

New York Daily News : Get racial preferences out of medical treatment

February 17, 2022 | By WENCONG FA

When, in December, the U.S. Food and Drug Administration granted emergency approval for innovative antiviral medications to treat COVID-19, the news was hailed as the biggest advance in the pandemic since the vaccines. But while we’re moving forward in combating the virus and ending the pandemic, there’s one area where New York is movin ...

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American Bar Association’s new equity standards are inconsistent with equality before the law

February 02, 2022 | By WENCONG FA

The American Bar Association (ABA) recently proposed a new rule that would require law schools seeking accreditation to implement “bias, racism and cross-cultural competency” training for all students, as well as adopt and promote equity-based policies. Taken at face value, the proposed rule may seem like a positive step toward building ...

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The Dispatch : The end of affirmative action?

January 31, 2022 | By WENCONG FA

When the Supreme Court upheld the use of racial preferences in college admissions in 2003, Justice Sandra Day O’Connor, who wrote the majority opinion, added a trenchant prediction: “We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.” Is it possible t ...

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The Center Square : Chicago renews controversial racial preferences in city contracting. That’s bad news for equal rights

January 26, 2022 | By WENCONG FA

Proponents of racial preferences typically pitch them as temporary measures – in place only as long as needed to remedy past discrimination. Yet in practice, such preferences are anything but temporary. Since the 1980s, for instance, the city of Chicago has had some form of racial preference in its city contracting program. Far from ending ̷ ...

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The Washington Examiner : Agricultural programs should focus on opportunity, not equity

November 22, 2021 | By WENCONG FA

Earlier this year, Congress enacted the $1.9 trillion American Rescue Plan Act, which President Joe Biden signed into law in March. Proponents lauded the act as a way to promote opportunity for “working people” and to give them a “fighting chance” after the devastation wrought by the COVID-19 pandemic. Yet one provision, whi ...

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The Hill : Why farmers are fighting the USDA’s loan forgiveness program

June 28, 2021 | By WENCONG FA

The American Rescue Plan Act, signed into law in March, hinged eligibility for loan forgiveness on the basis of one characteristic: race. It said minority farmers are automatically entitled to a payment of 120 percent of their farm loans; white farmers are excluded, no matter how dire their circumstances. Agriculture Secretary Tom Vilsack proclaime ...

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Harvard’s inconsistent position on discrimination ignores the full meaning of equality before the law

May 05, 2021 | By WENCONG FA

Later this month, Harvard University will file its brief asking the Supreme Court to refrain from reviewing its admissions policy. Its full-throated defense of the policy, which discriminates against “Asian-American” students, reveals the university’s inconsistent position on discrimination. On one hand, Harvard condemns discrimin ...

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The Wall Street Journal : Schools offer empty words to Asians

April 15, 2021 | By WENCONG FA

The horrific murders in Atlanta last week inspired an outpouring of support for Asian-Americans. “An attack on any group of us is an attack on all of us—and on everything we represent as an institution,” Harvard President Lawrence Bacow said in a statement. “To Asians, Asian Americans, and Pacific Islanders in our community: We ...

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California’s friends miss the mark in Cedar Point Nursery v. Hassid

March 19, 2021 | By WENCONG FA

On March 22, the Supreme Court will hear argument in Cedar Point Nursery v. Hassid, Pacific Legal Foundation’s latest case before the Supreme Court. As my colleague Joshua Thompson will argue before the Court, the case involves an important question of property law: Does the government have to pay the property owner when it takes … ...