From Woke to Law: Realigning the DOJ’s Civil Rights Division to Correct Decades of Judicial Overreach

The Justice Department under the next Trump administration has a duty to remove protected classes for groups that have exploited civil rights laws to garner extra privileges and rights, over and above the rights of American citizens. Of note include illegal aliens and LGBT persons. Neither of these groups should have ever enjoyed the privileges of heightened scrutiny analysis within the purview of Title VII or Civil Rights law generally. These laws were never intended for such persons, however, over years they have been misapplied and misinterpreted, resulting in very real harms to society. In fact, heightened scrutiny analysis has no basis whatsoever in the text of the Constitution itself and can be rightly deemed anathema with the letter and spirit of the Constitution, though that is a separate topic worthy of its own discussion.

For decades, America’s civil rights jurisprudence has clouded and distorted the Constitutions’ original meaning and purpose. Activist judges, under the pretext of “judicial review,” have perverted the meaning of the Fourteenth Amendment and other laws and constitutional provisions in service to a liberal ideology, now recognizably termed as “woke.” New standards of review were manifested into existence, such as “intermediate scrutiny,” which is used to adjudicate cases of alleged sex or gender-based discrimination. None of these developments have a relationship, directly or indirectly, to the text or original intent of the Constitution itself.

Instead, they have been weaponized in many cases against businesses, schools, and legacy American citizens, creating hostile work environments that actively prioritize non-Americans while at the same time discriminating against men and native-born people in many cases. The result has been to establish and legitimize a new form of institutionalized racism, directed primarily at whites – who themselves increasingly are a numerical minority in many states. All of this has been made in service to an ideology born out of the civil rights movement that is oriented around a fundamentally Marxist view of history. This ideology perceives all historically disenfranchised and “wronged” minorities as needing legal recourse, in the form of extra-constitutional remedies that ultimately seek to establish absolute equality – now commonly described as “equity” – in real world outcomes.

This is in sharp contrast with the far more limited goal of legal equality enumerated under the Constitution and Bill of Rights. Whereas the former is ordered towards achieving equal outcomes, the latter establishes a baseline of generally applicable standards like fairness and justice for all parties regardless of background that courts must adhere to.

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