RFK Jr. is no JFK on racial discrimination/preferences

Democrat presidential candidate Robert F. Kennedy, Jr., does not share the principle of racial non-discrimination that was practiced by his uncle, President John F. Kennedy. 

In reaction to the United States Supreme Court’s rulings against racial discrimination by Harvard University and the University of North Carolina, as reported by Breitbart News:

Democrat presidential candidate Robert F. Kennedy Jr. said Affirmative Action undoes the “effects of racist policies going back centuries” in response to the Supreme Court’s decision that determined racial preferences in college admissions violate the Constitution.

“Regarding the Supreme Court banning affirmative action in higher ed — I know many Americans feel that purely race-based decisions are unfair,” Kennedy tweeted.  “However, this feeling misses important context.  The effects of racist policies going back centuries are now self-perpetuating.”

“Affirmative action understands this and uses race-based policies to undo the effects of racist policies,” he added.

The first time the phrase “affirmative action” was used in a Presidential Executive Order regarding race was March 6, 1961 when JFK issued Executive Order 10925, which included a reaffirmation of a 1955 Executive Order by President Dwight D. Eisenhower banning racial discrimination in federal hiring.  The racial non-discrimination principle is repeated several times in JFK’s order, which I’ve emphasized with boldface:

WHEREAS discrimination because of race, creed, color, or national origin is contrary to the Constitutional principles and policies of the United States; and 13 CFR 1960 Supp.

WHEREAS it is the plain and positive obligation of the United States Government to promote and ensure equal opportunity for all qualified persons, without regard to race, creed, color, or national origin, employed or seeking employment with the Federal Government and on government contracts; and

WHEREAS it is the policy of the executive branch of the Government to encourage by positive measures equal opportunity for all qualified persons within the Government; and

WHEREAS it is in the general interest and welfare of the United States to promote its economy, security, and national defense through the most efficient and effective utilization of all available manpower . . .

PART II—NONDISCRIMINATION IN GOVERNMENT EMPLOYMENT

SECTION 201.  The President’s Committee on Equal Employment Opportunity established by this order is directed immediately to scrutinize and study employment practices of the Government of the United States, and to consider and recommend additional affirmative steps which should be taken by executive departments and agencies to realize more fully the national policy of nondiscrimination within the executive branch of the Government.

. . .

SEC. 203.  The policy expressed in Executive Order No. 10590 of January 18, 1955 (20 F.R. 409) with respect to the exclusion and prohibition of discrimination against any employee or applicant for employment in the Federal Government because of race, color, religion, or national origin is hereby reaffirmed.

JFK’s order states that “government contracting agencies shall include in every government contract hereafter entered into the following provisions:”

“In connection with the performance of work under this contract, the contractor agrees as follows:

“(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin.  The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin.  . . .

“(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin.

The phrase “affirmative action” was part of JFK’s order that “positive measures” and “affirmative steps” be taken to treat individuals without regard to race.  Yet, the phrase has become a euphemism for racial discrimination against whites and Asians.  This is because the practitioners of racial discrimination/preference have tried to conceal the true nature of their practice for the past five decades by calling it “affirmative action,” a phrase that was originally used to treat individuals without regard to race.

On August 20, 1963, JFK was asked about racial matters at 16:50 into a press conference, including whether there should be “job quotas by race” to benefit blacks.  JFK rejected racial quotas and the attempt to “divide ourselves on the basis of race or color.”

RFK is advocating racial discrimination/preference.  Given the many reasons why JFK was correct on this issue, it is likely that many are disappointed that RFK disagrees with his uncle.  No matter what his reasons for doing so, at least RFK should be honest about what he is advocating.  Racial discrimination/preference should not be given a label that was originally invoked by JFK in an effort to eliminate racial discrimination/preference.

Allan J. Favish is an attorney in Los Angeles.  His website is allanfavish.com.  James Fernald and Mr. Favish have co-authored a book about what might happen if the government ran Disneyland, entitled “Fireworks! If the Government Ran the Fairest Kingdom of Them All (A Very Unauthorized Fantasy).

Image: MaxLovesToSwim, via Wikimedia Commons // CC BY-SA 4.0