标题: Edward Blum Strikes Again [打印本页] 作者: choi 时间: 6-3-2024 15:44 标题: Edward Blum Strikes Again 本帖最后由 choi 于 6-5-2024 15:37 编辑
Edward J Blum (1952- ) is a conservative who strives for a color-blind society. So he devoted his wealth in lawsuits to achieve that goal. He sometimes loses and and at other times wins, the latter including Students for Fair Admissions, Inc v President & Fellows of Harvard College. Today, a three-judge panel in United States Court of Appeals for the Eleventh Circuit (based in Atlanta, Georgia), in a 2 to 1 decision (over dissent of Rosenbaum, J) reversed District Court's denial of injunctive relief while the case is pending below (in District Court) where the plaintiff (American Alliance for Equal Rights) is another brainchild of Mr Blum. The defendant is a private (ie, nongovernmental) fund. The federal statute at issue is 42 USC § 1981, enacted in the wake of Civil War. The fund restricts applicants and awardees to black women only.
(2) Title 42 , section 1981 of United States Code provides in full:
"[sectional heading:] Equal rights under the law
(a) Statement of equal rights
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b) 'Make and enforce contracts' defined
For purposes of this section, the term 'make and enforce contracts' includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
(c) Protection against impairment
The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law."