Showing posts with label 1964 Civil Rights. Show all posts
Showing posts with label 1964 Civil Rights. Show all posts

Tuesday, August 24, 2021

EQUAL OPPORTUNITY FOR WOMEN MAKES US STRONGER

TITLE IX AND THE ASCENT OF THE AMERICAN FEMALE ATHLETE 


Without women, the United States Olympic team would have been in a world of hurt.  The Tokyo
games ended recently and the world now assesses the meaning of a COVID-19 marred Olympiad, while looking forward to next year’s winter games and the 2024 summer games in Paris.

One thing stands out about the American effort in
Tokyo. U.S. women made their presence felt. They captured over 58% of the medals Americans won. That didn’t just happen. It directly resulted from action American legislators took almost 50 years ago. The success of U.S. female athletes shows what can happen with a dedicated commitment to equal opportunity. It offers lessons that apply across society.



The Governmental Action was Title IX

Mostly without anyone looking, Congress in 1972 amended the 1964 Civil Rights Act with a
provision that said, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.…”  Before that enactment, one in 27 girls participated in school sports. Now that number exceeds two in five. Despite grudging compliance by school districts and universities with the requirement of equal funding for women’s sports, over the 35 years after Title IX’s passage, female involvement in high school sports jumped 904 % and college participation increased 456%.

We shouldn’t forget the opposition Title IX encountered in its early years, much of it from the National Collegiate Athletic Association. The
NCAA feared loss of power and control over lucrative men’s sports, especially football and basketball, if colleges and universities had to fund women’s sports programs. The NCAA first argued for exemption of college athletic departments from Title IX requirements, contending the departments
didn’t receive federal funds. That argument ignored the fact college athletic departments are part of institutions of higher education, nearly all of which receive federal money. They also argued equal sports funding for women would mean a loss of opportunities for men (a few men’s programs did get cut at individual schools, though overall men’s participation increased). Finally, the NCAA asserted Title IX equity formulas should exempt college football. 

Ultimately, courts and government agencies charged with enforcing Title IX rejected these contentions. The NCAA decided it couldn’t beat the women’s sports movement, so it took it over. In
1982 it forced out of existence the Association of Intercollegiate Athletics for Women (AIAW), the organization that had promoted women’s college sports while the NCAA was doing everything it could to undermine support for women’s programs. Even today, though, the NCAA often treats women’s sports teams as second-class citizens, as last winter’s weight room fiasco demonstrated. It provided men with state of the art weight training facilities at basketball tournament sites while giving women a few dumbbells. 


The Olympic Dividend

We can’t say Congress knew it was birthing an Olympic medals bonanza for the United States
when it passed Title IX. The law passed because of the efforts of a small, determined group of women (and a few men) who, in the late ‘60s, began agitating for federal and state legislation assuring women equal rights in education. As noted, few people paid much attention when it passed, though the NCAA soon perceived a threat. Then something funny happened.

By the early ‘80s, U.S. women began excelling in international competition in sports, like track and
field and basketball, previously dominated by the Soviet Union and eastern European countries like East Germany (many of those eastern Europeans probably were on steroids, but that’s a subject for another day). All of a sudden U.S. women who’d gone through college and university programs started winning championships.

By the ‘80s and ‘90s, the U.S. was producing female stars, like Florence Griffith-Joyner and Jackie Joyner-Kersee in track and field and basketball greats like Cheryl Miller and Dawn Staley. In 1996, the U. S. women’s basketball team kicked off a gold medal streak that has reached seven and shows no signs of ending, despite the likely retirements of five-time gold medalists Sue Bird and Diana Taurasi.



In Tokyo, the American team won 113 medals (China finished second with 88). Women won 66 of
the U.S. total. Had the American women been a nation, they would have placed fourth in the overall medal count. Since 2012, American women have won the majority of U.S. Olympic medals.

 

Pride and Inspiration– for all Americans

Women can take great pride in what U.S. women
athletes have accomplished in the Olympics, as can men. Those are our sisters, daughters, granddaughters, nieces, even wives, winning those medals. Their achievements should inspire everyone.  We’re reminded of what Arkansas football coach Sam Pittman told his players after the Arkansas women’s basketball team upset perennial power Connecticut last winter. “They wear the same logo on their uniforms we do,” Pittman said. “Let’s be like them.” 

We also can take pride in the progress American women have made in Olympic sports since the advent of Title IX because of what that progress says about our country. The law’s role in the development of American female athletes shows what can happen when a nation decides it will treat
all its citizens fairly and equally. Title IX, especially when juxtaposed with the NCAA’s obstructionism, stands as an example of what happens when societies don’t engage in zero-sum game thinking. Every time someone gains something doesn’t mean someone else must lose something. The rise of the American female athlete lifts US all and serves as a model for the world.            


Monday, July 20, 2020

THE SUPREMES: UNITED STATES SUPREME COURT, PRESENT AND FUTURE


The U.S. Supreme Court’s 2019-20 term has ended and the presidential election lies only about three months away. A link exists
between the Court’s work and presidential elections because nothing so symbolizes our divisive politics as control of the Court and the opportunity to shape its future.
Progressives viewed the term just completed with trepidation while conservatives had high hopes. The lineup of cases presented numerous opportunities for the conservative, Republican-appointed, majority to assert itself
on fractious issues. At the end, progressives breathed a sigh of relief and conservatives whined. One man – Chief Justice John Roberts – caused both reactions.
Chief Justice John Roberts
This is the Roberts Court
The spring of 2020 was an extraordinary time for Roberts. Besides presiding over the Trump impeachment trial, Roberts voted in
the majority in an astounding 97% of the cases the Court decided this term. Since the chief justice assigns writing the opinion in cases in which he votes in the majority, Roberts had total control of the Court’s voice. He wrote himself the decisions on the immigration case involving people brought to the United States as children that the administration might deport and the subpoena cases involving President Trump’s financial records. He strategically assigned other cases, like giving Trump appointee Neil Gorsuch the opinion in the case holding the sex discrimination provisions of the 1964 Civil Rights Act applicable to sexual orientation.
             
Roberts made clear he cares most about preserving the Court’s institutional reputation even if that overrides ideological and political interests. He sided with the Court’s liberals in a Louisiana abortion-rights case, even though he’d voted on the other side in a nearly-identical Texas case four years before. His position acknowledged the Court shouldn’t reverse a precedent so soon just because the lineup of justices changed. In the Trump subpoena cases, Roberts wrote for a 7-2 majority that no one, not even a president, is above the law.

When one justice exerts such overwhelming influence and does so in such a narrow way
on a court balanced on a knife’s edge on so many hot button issues, neither side can get comfortable. Conservatives railed about Roberts this term, claiming he abandoned the cause. One senator said he should resign. Liberals cheered his votes on immigration and abortion, but those votes rested on technical and procedural grounds, not philosophy. In subsequent cases on the same subjects with different facts or procedural circumstances, he could go the other way. 

The Future
With the election straight ahead, it’s fair to ask
where the Court goes from here. Two members of the liberal wing, Ruth Ginsburg and Steven Breyer, are over 80. The winner of the 2020 election will likely replace them. If Joe Biden
wins, his nominees wouldn’t “flip” the ideological balance. That would require the resignation or death of one of the five conservatives during Biden’s term. We can’t imagine any of them resigning and handing their seats to a Democratic president, barring a debilitating illness that made continuing in the job impossible. Of course, anyone can (1) die of a sudden, unexpected medical condition or (2) get run over by a bus. Nobody should expect either of those.

So, what would flip the Court? To make that a certainty, Democrats probably have to win the next four presidential elections. The ages of the current justices and the propensity most have for staying as long as possible while hoping a president of the same party as the president who appointed them can fill their seat, means most of the current membership of the court will remain in place 15-to-20 years or longer.

The two Trump appointees – Gorsuch and Brett Kavanaugh—are 52 and 55 respectively.
Neither will leave anytime soon. If they serve until the ages Ginsberg and Breyer are now, expect that the winner of the 2052 election would replace them.

The three other conservatives – Roberts, Samuel Alito, and Clarence Thomas – are
older, but not that old. Roberts, 65, could stay another 20 years, meaning the winner of the 2040 election might get to replace him. Thomas, the Court’s most rigid conservative, is 72 and has been the subject of retirement rumors he has denied. If Trump wins the 2020 election he might step down, but he won’t give Biden his seat if he can help it. Thomas could remain on the Court a long time, perhaps until after the 2036 election. Alito, 70, also could serve another 15 years if he wants to.

The two other liberals, Elena Kagan and Sonya Sotomayor, are 60 and 66,
respectively.  Changing the Court’s ideological makeup probably means a Democrat must win not only in 2020 but also in 2024, 2028, and 2032. That would probably assure that a Democrat replaces Kagan and Sotomayor and is positioned to replace a conservative who leaves during those years.

This analysis presumes neither party makes a “mistake” with a nominee – that no Democratic appointee lines up with the conservatives and no justice appointed by a Republican ends up voting mostly with liberals. We assume no Republican president will appoint a David Souter who so disappointed George H.W. Bush and his supporters. He, of course, also nominated Thomas, so conservatives really don’t have much reason for complaining about Bush 41.

Democrats have never made judicial appointments as important a part of their electoral calculus as Republicans. The reality of the situation with the Supremes now and in the future counsels a different approach.