Moonbats bark incessantly about systemic racism. To see how it works in the real world, consider a new agreement reached between the Minneapolis Federation of Teachers and Minneapolis Public Schools:

The agreement states that if a non-white teacher is subject to excess, MPS must excess a white teacher with the “next least” seniority.

To “excess” is to lay off. If a black teacher would normally be laid off, the white teacher with the next least seniority gets laid off instead. Because white people are racist and bad.

The agreement also prioritizes the reinstatement of teachers from “underrepresented populations” over white teachers.

Systemic racism is real. It works in favor of the privileged identity groups the liberal establishment tells us are “oppressed.”

As noted by Hans Bader,

This violates a well-known Supreme Court decision overturning the race-based layoff of a white teacher, and contradicts a well-known federal appeals court decision, which ruled that race-based layoffs of white teachers violate Title VII of the Civil Rights Act. …

Since the teachers union supported the adoption of this discriminatory provision, it may also be liable for discrimination along with the school district. Unions are subject to liability for racial discrimination under Title VII and 42 U.S.C. 1981, see, e.g., Woods v. Graphic Communications (1991), and the Supreme Court has ruled that people who conspire with the government to discriminate can sometimes be sued along with it under the Constitution, see Adickes v. S.H. Kress & Co. (1971).

The race-based layoff provision also violates the law against racial discrimination in contracts, 42 U.S.C. 1981, for essentially the same reasons it violates the Constitution.

Such inconvenient laws and rulings demonstrate why it is so important to progressives to do whatever it takes to put unprincipled apparatchiks like Merrick Garland in charge of the courts — even if it means castrating the Supreme Court with the TERM Act.

On tips from R F and Blackjack.

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