Search Results for: ProPublica

The Imam’s Widow

Longreads Pick

As part of ProPublica’s “Documenting Hate” project, Rahima Nasa profiles the wife of a Queens imam who was murdered in 2016. Although there appeared to be no other possible motive, prosecutors failed to try the case as the hate crime it likely was.

Source: Pro Publica
Published: Sep 4, 2018
Length: 12 minutes (3,187 words)

The Far Right’s Fight Against Race-Conscious School Admissions

WASHINGTON, DC - OCTOBER 10: Attorney Bert Rein (L), speaks to the media while standing with plaintiff Abigail Noel Fisher (R), after the U.S. Supreme Court heard arguments in her caseon October 10, 2012 in Washington, DC. The high court heard oral arguments on Fisher V. University of Texas at Austin and are tasked with ruling on whether the university's consideration of race in admissions is constitutional. (Photo by Mark Wilson/Getty Images)

Late in the afternoon on July 3, the Department of Justice announced it was rescinding 24 documents issued by the Obama administration between 2011 and 2016. The documents  offered guidance to a range of constituencies, including homeowners, law enforcement, and employers. Some detailed employment protections for refugees and asylees; seven of the 24 discussed policies and Supreme Court rulings on race-conscious admissions practices in elementary, secondary, and post-secondary schools. In its statement, the DOJ called the guides “unnecessary, outdated, inconsistent with existing law, or otherwise improper.”

No immediate policy change will come from the documents’ removal. It’s more of a signal, a gesture in a direction, a statement about ideology. The Trump administration has already enacted several hard-line positions on immigration. And the Sessions-backed Justice Department has made a habit of signaling, by way of gesture, its opposition to affirmative action, and its belief that race-conscious policies, specifically, often amount to acts of discrimination.

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The term “affirmative action” is ambiguous and has never been strictly defined. It’s a collection of notions, gestures, and ideas that existed before its present-day association with race. According to Smithsonian, the term was likely first used in the Depression-era Wagner Act. This legislation aimed to end harmful labor practices and encourage collective bargaining. It also mandated that employers found in violation “take affirmative action including reinstatement of employees with or without backpay” to prevent the continuation of harmful practices. The reinstatement and payment of dismissed employees were affirmative gestures that could be taken to right a wrong.

Nearly a decade later, in 1941, under pressure from organizer A. Philip Randolph, President Franklin D. Roosevelt issued Executive Order 8802 to prohibit race-based discrimination in the defense industries during the buildup to WWII. It is considered the first federal action to oppose racial discrimination since Reconstruction, and paved the way for President John F. Kennedy, who was the first to use “affirmative action” in association with race in Executive Order 10925. Kennedy’s order instructed government contractors to take “affirmative action to ensure that applicants are employed,” regardless of “race, creed, color, or national origin.” President Lyndon B. Johnson expanded the scope of Kennedy’s order to add religion when he issued Executive Order 11246 in 1965. Two years later, Johnson amended his own document to include sex on the list of protected attributes.

It was Republican president Richard Nixon who expanded the use of affirmative actions to ensure equal employment in all facets of government in 1969, when he issued Executive Order 11478. Nixon ran for office in 1968 on “law and order” and “tough on crime” messaging. He believed what he called “black capitalism” –- the idea of thriving black communities with high rates of employment and entrepreneurship — would ease the agitations of civil rights groups and end urban unrest. At the time, Nixon’s rhetoric won the support of a smattering of black cultural figures such as James Brown. “Black capitalism” was little more than a co-optation of some of the tenets of Black Power, which itself had come from a long-established line of conservative black political thought that emphasized economic empowerment and independence, self-determination and personal responsibility. In his version, Nixon envisioned only a slight role for the federal government; without the push of significant government investment, the policies and programs he created didn’t result in sweeping change. Still, shadows of Nixon’s thinking on black economics endured: They’re present in multiple speeches Obama made to black audiences during his presidency; Jay Z’s raps about the transformative, generational effects of his wealth; Kanye West’s TMZ and Twitter rants. Also, the backlash Nixon faced is remarkably similar in tone and content to today’s challenges to affirmative action, which typically involve a white person’s complaints about the incremental gains made by members of a previously disadvantaged group:

In 1969 Section 8(a) of the Small Business Act authorized the SBA to manage a program to coordinate government agencies in allocating a certain number of contracts to minority small businesses—referred to as procurements or contract “set-asides.” Daniel Moynihan, author of the controversial Moynihan Report, helped shape the program. By 1971 the SBA had allocated $66 million in federal contracts to minority firms, making it the most robust federal aid to minority businesses. Still, the total contracts given to minority firms amounted to only .1 percent of the $76 billion in total federal government contracts that year.

Yet even these miniscule minority set-asides immediately faced backlash from blue-collar workers, white construction firms, and conservatives, who called them “preferential treatment” for minorities. Ironically, multiple studies revealed that 20 percent of these already meager set-asides ended up going to white-owned firms.

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A sense of lost advantage and power seems to animate both historical and recent challenges to race-based policies and practices. In Regents of University of California v. Bakke (1978) the first affirmative action case the Supreme Court ruled on, Allan Bakke, a white University of California at Davis medical school applicant, sued the school after being twice denied admission. The school had created a system to set aside a certain number of spaces for students from marginalized groups. The Court decided practices that relied on quota systems were unconstitutional, but it upheld the use of race in admissions decisions as long as it was among a host of other factors. Rulings in subsequent cases, such as Grutter v. Bollinger (2003) and most recently, Fisher v. University of Texas (2016) supported the use of race in admissions and reiterated the federal government’s interest in the diversity of the nation’s institutions. In the most-recent case, now-retired Justice Anthony Kennedy provided the Court’s swing vote.

Plaintiffs in affirmative action challenges tend to argue race-conscious admissions policies violate rights granted by the Fourteenth Amendment, especially its clause guaranteeing “equal protection of the laws.” Ratified 150 years ago last week, the Fourteenth Amendment established birthright citizenship and defined citizenship’s parameters. Its ideas originated in the years leading up to Reconstruction, during “colored conventions” held among African American leaders and activists,  and form the underpinnings of Brown v. Board Education (1954) and some provisions of the Civil Rights Act of 1964.

One of the most prominent opponents of affirmative action, Edward Blum, a fellow at the American Enterprise Institute, actively seeks and recruits aggrieved plaintiffs and attorneys to challenge race-based policies in school admissions and voting practices. Blum was the force behind the complaint of Abagail Fisher, the white student at the center of Fisher v. University of Texas. According to the New York Times:

In the Texas affirmative action case, he told a friend that he was looking for a white applicant to the University of Texas at Austin, his own alma mater, to challenge its admissions criteria. The friend passed the word to his daughter, Abigail Fisher. About six months later, the university rejected Ms. Fisher’s application.

“I immediately said, ‘Hey, can we call Edward?’” she recalled in an interview.

The case went to the Supreme Court twice, and though Ms. Fisher was portrayed as a less than stellar student, vilified as supporting a racist agenda, and ultimately lost, she said she still believed in Mr. Blum. “I think we started a conversation,” she said. “Edward obviously is not going to just lie down and play dead.”

Blum’s first lawsuit came about after he lost a Congressional election in Houston because, he felt, the boundaries of his district were drawn solely along racial lines. He is now behind lawsuits against Harvard University and the University of North Carolina at Chapel Hill, which allege the schools’ admissions policies discriminate against Asian American applicants. It is interesting and bold to use white women and Asian American students to dismantle programs meant to address America’s legacy of discrimination. Both groups have benefited significantly from Reconstruction and Civil Rights-era policies and legislation. Do Blum, Sessions, and their supporters believe race-based policies are irrelevant, illegal, or improper because for many, they’ve worked? I sense something more nefarious at play, such as a mounting sense of loss and growing resentment that the demographic shifts in our country also mean inevitable shifts in who holds power.

The Sessions-helmed Justice Department’s signals and the nomination of Judge Brett Kavanaugh to the high court, have, I’m sure, heartened activists like Blum. For the Nation, Eric Foner wrote about how the Fourteenth amendment’s ambiguity is what allows it to be used in a way that is so at odds with the spirit of its origins. It is that ambiguity, he says, that will allow, someday, in a different political climate, for another era of correction.

Sources and further reading:

A Frustrating Year of Reporting on Black Maternal Health

Danielle Jackson | Longreads | June 2018 |3370 words (14 minutes)

“It’s in fashion to talk about black women’s maternal care,” Bilen Berhanu, a Brooklyn-based full-spectrum birth doula told me recently. I’d asked her about the outpouring of news stories, from multiple national outlets, about infant and maternal mortality over the past twelve months.

The reporting has added flesh and aching detail to what I’ve come to think of as an embarrassing public health crisis in the United States. Among industrialized countries, our nation has the highest rate of infant deaths. We’ve had dramatic declines since 1960, but we have not kept pace with other nations we’d consider peers. New American moms face similar danger: The rate of maternal mortality in the U.S. has been rising since 2000 while falling for most other nations in our subset.

Deep, persistent inequality — access to safe neighborhoods and hospitals, functioning schools, healthy food — plays a part. But across family income levels and educational attainment, the infant mortality rate for black babies is more than twice than it is for whites, according to data from 2007-2013. Black mothers are also more imperiled than white ones — they are three to four times more likely to die from pregnancy-related causes leading up to or within a year after giving birth. In New York City, black mothers are 12 times more likely to die than their white counterparts. Read more…

In Just 40 Hours, You Too Can Be an Expert

A blood spatter expert shows the jury a blood-spattered sneaker during the Michael Peterson murder trial in December 2001. (AP PHOTO/CHUCK LIDDY/POOL)

For part two of “Blood Will Tell,” her New York Times Magazine/ProPublica investigation into Joe Bryan’s murder conviction and the use of blood spatter analysis as a forensic tool, Pamela Colloff took the same 40-hour course that is the sum total of the training many blood spatter experts can claim. It did not inspire confidence in the precision or reliability of the experts’ testimony.

On the last day of class, I was given my “certificate of training” after receiving a 97 on my final exam. Everyone in my class passed. Griffin had told us that even if we failed the final, we would still receive a certificate of completion, but rarely, he added, did anyone fail. Our scores on our final exams were not recorded, he assured us, nor were the exams preserved. “Don’t worry that an attorney is going to come back and say, ‘You missed Question 14,’ ” he explained.

From time to time that week, Griffin cautioned us: “You won’t be walking out of here an expert. You’ll know just enough to be dangerous.” It was a startling statement, because judges across the nation have allowed police officers with no more training than we received — 40 hours — to testify as experts. Griffin reminded us that our class was merely an introduction to bloodstain-pattern analysis, and that we would need to complete an advanced class and a mentorship program before we would be proficient enough to call ourselves experts. Yet he advised us on what to say if we were called to testify in court. On the stand, he suggested, we should avoid saying what “probably” happened, because that would give an attorney who cross-examined us an opening. “You’ll be asked: ‘How probable? Eighty-five percent? Seventy-five percent?’ And you can’t say,” he told us, alluding to the fact that an analyst’s theory of a crime often cannot be substantiated with hard numbers. It was less risky, he said, to state, “The best explanation is…”

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The Top 5 Longreads of the Week

Handcuffs on the ground
Martyn Aim / Corbis via Getty Images

This week, we’re sharing stories from Jennifer Gonnerman, Evan Allen, Britni de la Cretaz, Jen Banbury, and Gordon Edgar.

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When Forensic “Science” Is Anything But

Blood spatter expert Duane Deaver testifies during a trial in Durham, N.C. in 2003. (AP Photo/Sarah Davis, Pool, File)

Part two of Pamela Colloff’s ProPublica/New York Times “Blood Will Tell” investigation into the faulty forensic “science” of blood spatter analysis came out today. It’s a sobering look at the reliability — or lack there of — of what has become an important crime scene investigation technique, and anyone who cares about criminal justice or understands forensics only via Dexter should read it. If you haven’t yet read part one, which details the unlikely arrest and conviction of Joe Bryan for the murder of his wife, Mickey, now’s the time:

When Robert Thorman settled into the witness box on the fifth and final day of the state’s case, it marked a turn in the prosecution’s fortunes. Thorman was the bloodstain-pattern analyst who was called to the Bryan home when investigators were still working the scene. As an interpreter of bloodstains, Thorman possessed a singular expertise, and the prosecution would use this to bring its hazy narrative into focus, lending a sense of scientific certainty to an otherwise equivocal set of facts…

The district attorney began by leading Thorman through a recitation of his credentials. The detective explained that he had served as a military police officer for 20 years before working his way up through the ranks of several small law-enforcement agencies and that he had been trained in bloodstain interpretation. The jury did not know that Thorman’s training was limited to a 40-hour class he took four months before Mickey was killed.

Bryan was convicted despite a complete lack of other forensic evidence (in fact, there was evidence that pointed away from him), an extremely improbable timeline, and no motive; there is zero evidence that he was anything other a supportive husband who was deeply in love with his wife. Then he got a re-trial, and was convicted a second time on the same shoddy evidence.

Thorman told the jury not only that the flashlight was in the bedroom at the time of the shooting but also that the killer, before fleeing the scene, had changed into clothes that were already in the Bryan home. He delivered his findings with the authority of an expert, stripping away the ambiguities of the state’s case. As he spoke to the jury, he grounded his findings in the certainty of science. “Based on my knowledge and experience in bloodstain interpretation,” he said, “the flashlight itself was right next to or near the source of energy, that being the gun.” By the time the guilty verdict came down on the last day of the trial, it seemed like a foregone conclusion. Joe was again sentenced to 99 years.

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The Top 5 Longreads of the Week

The Walls Unit in Huntsville, Texas
The Walls Unit in Huntsville, Texas where prisoners from death row are executed. (Photo by Andrew Lichtenstein/Corbis via Getty Images)

This week, we’re sharing stories from Pamela Colloff, Amanda Fortini, Atossa Araxia Abrahamian, Ira Glass, and Linda Holmes.

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The Top 5 Longreads of the Week

Clearcut fields on the Quinault Indian Reservation
Clearcut fields on the Quinault Indian Reservation. (Education Images/UIG via Getty Images)

This week, we’re sharing stories from Rahima Nasa, Roxane Gay, Jessica Camille Aguirre, Lucy Grove-Jones, and Jen Doll.

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The Top 5 Longreads of the Week

The Edmund Pettus Bridge in Selma, Alabama, where civil rights marchers attempting to walk to the Alabama capitol in Montgomery for voters' rights clashed with police in 1965. (Brendan Smialowski/AFP/Getty Images)

This week, we’re sharing stories from Rahawa Haile; Hannah Dreier; Rukmini Callimachi; Mary Anne Mohanraj, Keah Brown, S. Bear Bergman, Matthew Salesses, and Kiese Laymon; and Molly Fitzpatrick.

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How a 16-Year-Old Boy Was Locked Away Without a Mental Evaluation

What Are We Going to Do About Tyler

In 2012, a 16-year-old boy named Tyler Haire was locked up in a Mississippi jail cell after committing a violent crime against his father’s girlfriend. Tyler ended up spending years behind bars while waiting for a psychiatric examination, despite having a history of issues dating back to early childhood. Sarah Smith‘s ProPublica story, “What Are We Going to Do About Tyler?” was a recent No. 1 pick here on Longreads. It offers a sobering look at America’s failures when it comes to treating mental illness. Read more…