David McConnell made three donations to Joe Biden in 2020.
1990 – Present – U.S. Department of Justice – Office ofImmigration Litigation
1984 – 1990 – U.S. Department of Labor
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In a 1983 article for the Wake Forest Law Review, Mr. McConnell argued in favor of present day discrimination against whites to remedy past discrimination against racial minorities. This raises concerns that Mr. McConnell could bring a racial agenda to his work that would undermine his commitment to immigration enforcement.
If the courts are to avoid the difficulties that the Talbert ad hoc approach invites, a principled basis for drawing the line between unnecessary and necessary trammeling of majority interests is mandated. The equitable balance announced in Franks v. Bowman Transportation Co.' may provide the best guidance. In Franks, it was apparent that the Court found as a necessary consequence of past discrimination that whites as a group must bear the burden of remedying past societal discrimination. Thus, when an employment decision increases the status of blacks as individual members of a group, as against the status of white employees as individual members of a group, it may be said that an equitable balance is achieved.
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While Mr. McConnell’s views about racial discrimination are disturbing enough, he compounds them later in the article. Mr. McConnell argues that the Affirmative Action standard established in Lehman vs. Yellow Freight Systems, Inc.is desirable. This is especially concerning, given that Lehman permits “informal race-conscious decisions.”
The opinion in Lehman should not be read to prohibit all race conscious affirmative action not taken pursuant to a formal plan. While the Seventh Circuit was correct that the procedural and substantive safeguards of Weber offer better protections in wide- ranging fact situations, Lehman should not be read so narrowly as to necessitate the above construction. The next court which deals with an informal affirmative action decision should seize the occasion to resolve the apparent conflict between the Fourth and Seventh Circuits, clarify this clouded area of affirmative action law, and loosen Lehman's potential strangle-hold on informal race-conscious decisions.
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Based on this article, David McConnell clearly believes in affirmative action. A future conservative administration seeking to root out all elements of DEI should look carefully at McConnell’s past support of affirmative action and legal discrimination against whites