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COMMENTARY: A New Verse of “We Shall Overcome” in Civil Rights 2.0

If you felt more vulnerable this July Fourth, you weren’t imagining things. You had more rights last week than you did on America’s birthday. That’s thanks to the black robes of SCOTUS. With a series of 6-3 opinions, the U.S. Supreme Court showed how far the conservative court will go to protect a dwindling white majority.

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SCOTUS just forced our hand. But there are more of us now. And we’re diverse.
SCOTUS just forced our hand. But there are more of us now. And we’re diverse.

By Emil Guillermo

If you felt more vulnerable this July Fourth, you weren’t imagining things. You had more rights last week than you did on America’s birthday.

That’s thanks to the black robes of SCOTUS.

With a series of 6-3 opinions, the U.S. Supreme Court showed how far the conservative court will go to protect a dwindling white majority.

Pretty far.

Want a website for your gay wedding? No business open to the public can be forced to do one for you. In fact, any business can now legally discriminate and exclude you, if they can show it’s a matter of their free speech versus your public accommodation. The court ruled bigoted free speech wins.

Then there’s help on student loan debt. Sorry, you have to pay up. Unless you’re like a bank that passed out bad mortgages in 2008, no one’s bailing you out.

And if you were a person of color qualified to go to an Ivy league school, the laws that might have helped last week, no longer apply. And please don’t tell us what color you are. The court has told schools to be colorblind and indifferent to race.

Justice got a little harder to achieve if you aren’t white, straight, and rich.

That’s the takeaway after the high court’s grand finale. With all the news the court’s been making on its lack of ethics involving tens of thousands of dollars from billionaire right-wing donors, the current SCOTUS has proven to be more venal, human, and political than any of us could have imagined.

It’s not the elevated dispassionate body thought to rule with a sense of high-minded legal scholarship and a healthy respect for precedent.

No, the court is right there in the swamp with everything else in DC, a SCOTUS forged by politics and bias.

And if you don’t vote, it’s the court we deserve.

Want a better SCOTUS? You’ve got to register and vote.

Now, after 50 years of progress moving toward a more just society, America has a 6-3 rollback court that we should have seen coming. It started last June with Dobbs v. Jackson and the reversal on abortion.

And now it’s unsettling other aspects of our settled lives.

They’re making us go down the mountain and climb back up, singing “We shall overcome” all over again.

Don’t Blame Asian Americans

On the big issue of affirmative action, we all need to be clear. The case of Students for Fair Admissions (SFFA) v. Harvard University was not a victory for Asian Americans.

Despite the plaintiffs being Asian Americans in this case, most Asian Americans in this country were in favor of affirmative action.

If you want to point fingers, make sure you’ve got it pointing to the man who founded SFFA, and remains its leader. He’s not an Asian American, it’s the white man wearing the horned crown, Edward Blum.

Blum (rhymes with fume) is a non-lawyer, but a persistent anti-civil rights activist funded by the right wing, whose life is committed to filing lawsuit after lawsuit to undo the last 50 years. He’s made a career of neutering the Voting Rights Act and affirmative action.

Blum brought another case, Fisher v. University of Texas, before the high court in 2016 but lost. His error was using a white, female plaintiff to front the lawsuit. This time he found Asians rejected from Harvard and used them as his ‘yellow face’ to pit Asians (Blum) vs. Blacks and Latinix. And it worked.

Chief Justice John Robert’s opinion was just wrong, beginning with his application of the Equal Protection Clause of the 14th Amendment to strike down the use of race.

“The Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause,” wrote Roberts. “Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points.

End points? Do you mean the meter’s running on justice and fairness and at some point racists just need to run out the clock?

The use of the Equal Protection Clause got the attention of Neal Katyal, former acting Solicitor General of the United States, who said that the Equal Protection Clause only binds state actors and not private institutions like Harvard.

So, can Harvard, a private institution, violate the Equal Protection Clause?

“Legally, that’s just impossible,” said Katyal, a law school professor of more than 20 years in an interview on MSNBC. By virtue of taking federal funds Harvard could be in violation of Title VI, a federal statute, Katyal said. “But Harvard certainly didn’t violate the Constitution.”

At least Roberts didn’t formally overturn existing laws. He just removed a key single piece from the equation — race.

But Roberts did allow for a loophole:

“Nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration or otherwise,” Roberts wrote. “In other words, the student must be treated based on his or her experiences as an individual — not on the basis of race.”

Well of course, for one, that would be a First Amendment issue and Roberts didn’t want to mess with that.

Justice Sotomayor said it was like “putting lipstick on a pig.” But the fact is, if you want to go to Harvard, tell your story. That hasn’t changed in 50 years.

That’s how I got in.

The Power of Affirmative Action

Frankly, the ruling made me feel a little guilty. Could I have done something to save affirmative action — more than 50 years ago?

Chief Justice John Roberts was at Harvard the same time I was there. He was just a kid and robeless back in the ’70s. But my mere presence at “that school in Boston” did not persuade young Roberts of the merits of diversity or the mutual benefits of having an underprivileged Filipino kid as part of the student body.

Because I was not just there to take. I was there to give — to America’s future leaders, like Roberts, a real world understanding beyond white preppie-dom, and to help him build the kind of empathy he’d need to have as a chief justice of the United States.

Had I succeeded — had our paths crossed — maybe Roberts would not have written such a terrible opinion that set back progress in higher education nearly 50 years.

SCOTUS just forced our hand. But there are more of us now. And we’re diverse.

Get ready for Civil Rights 2.0.

Emil Guillermo is a journalist and commentator. His “Emil Amok” monologues are on YouTube and on www.amok.com.

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Commentary

OPINION: The Philippines Isn’t Foreign When Your Family Still Lives There

Americans complain about inflation. Filipinos complain about surviving. That’s not a knock on America. It’s a reminder that for millions of Filipino Americans, the Philippines isn’t some faraway place we visit on vacation. It’s where our parents were born. Where our cousins still

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AI-generated photo by Open AI.

Americans complain about inflation.

Filipinos complain about surviving.

That’s not a knock on America. It’s a reminder that for millions of Filipino Americans, the Philippines isn’t some faraway place we visit on vacation. It’s where our parents were born. Where our cousins still live. Where grandparents are buried. Where every phone call home can begin with, “We’re okay,” or, just as easily, “We need help.”

The Bay Area is home to one of the nation’s largest Filipino communities. California alone has nearly two million Filipinos—roughly half of all Filipino Americans in the United States.

Every year, Filipino Americans send an estimated $17 billion from the United States to the Philippines. Those remittances account for roughly a tenth of the Philippine economy. One wire transfer may keep children in school, put food on the table, pay hospital bills, or help elderly parents make it another month.

That’s why Filipino Americans were paying attention to President Ferdinand Marcos Jr.’s State of the Nation Address this week.

They were listening for justice.

They were listening for Lyle Prijoles.

Prijoles, a 40-year-old Filipino American from Hayward, was killed on April 19 during a Philippine military operation in Negros Occidental. Also killed was Kai Sorem, a 26-year-old activist from Seattle.

The Armed Forces of the Philippines say those killed were connected to the Communist Party’s New People’s Army.

Their families say otherwise.

Human-rights advocates describe Prijoles and Sorem as labor organizers and peaceful activists working alongside sugar workers struggling under crushing poverty. Prijoles had traveled repeatedly to the Philippines since 2006, documenting conditions in Negros and advocating for farm workers whose lives rarely improve no matter who occupies the presidential palace in Manila.

Those conflicting stories are exactly why members of Congress, led by Rep. Pramila Jayapal (D-WA-7), have called for an independent investigation.

After all, two American citizens are dead.

If an ally’s military kills Americans under disputed circumstances, shouldn’t we want to know exactly what happened?

Yet the story barely made news in the United States.

Perhaps because it’s inconvenient.

It’s inconvenient for Manila – and Washington.

Strategic allies aren’t supposed to kill American citizens.

The Philippines isn’t just another country.

It’s family.

President Marcos had bigger issues on his mind this week.

China’s growing aggression in the West Philippine Sea dominated much of the speech. Marcos rightly rejected racist insults aimed at Filipinos and insisted his country would not surrender its sovereignty.

“We are not racists. We are not liars,” Marcos declared. “We are respectful, and we are dignified. We are Filipinos, and we do not yield.”

Strong words.

But patriotism isn’t measured only by how forcefully a government stands up to China.

It’s also measured by how a government treats its own people.

The Philippines inherited many of America’s democratic institutions. Even the “State of the Nation Address” echoes our “State of the Union.” Congress. Elections. Constitutional government. We exported the architecture of democracy.

What we couldn’t export was accountability.

That’s why activists like Lyle Prijoles believed ordinary workers deserved better.

And that’s why his death matters.

About the Author

Emil Guillermo is an award-winning journalist, political analyst and comic monologist. See him on his microtalk show on YouTube at @emilamok1.

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Commentary

Asm. McKinnor’s Bill Banning Drones Above Outdoor Entertainment Events Awaits Senate Decision

POST NEWS GROUP —

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Assemblymember Tina McKinnor (D-Inglewood), right, introduced Assembly Bill 2113 to address a public safety enforcement gap involving unauthorized personal drones flying over crowds at large outdoor events in California. A violation would be an infraction punishable by a fine of up to $500. McKinnor is shown with fellow California Legislative Black Caucus member Assemblymember Isaac Bryan (D-Ladera Heights). CBM photo by Antonio Ray Harvey.

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Assemblymember Tina McKinnor (D-Inglewood) is advancing legislation that would prohibit unauthorized drones from operating within 400 feet of large outdoor ticketed entertainment events. 

Assembly Bill 2113, titled “Aviation: Unmanned Aircraft Systems: Ticketed Entertainment Events,” passed the Senate Public Safety Committee on June 30 by a 6-0 vote and was referred to the Senate Appropriations Committee. 

The Assembly approved the bill May 18 on a bipartisan 72-0 vote, with support from 54 Democrats and 18 Republicans. AB 2113 must clear the Senate Appropriations Committee before the Legislature’s Aug. 31 deadline to remain active. 

“Large, ticketed entertainment events such as concerts, festivals, and sporting events bring thousands of people into dense confined spaces, including many venues in my (California State Assembly District 61),” McKinnor said. “Unauthorized drones and activities in these settings pose a real risk to public safety and can interfere with event operations and emergency response.” 

McKinnor said the legislation would establish a state-level restriction that local authorities could enforce while preserving the federal government’s authority over U.S. airspace. 

McKinnor also said, “While the Federal Government regulates airspace, local law enforcement is responsible for protecting public safety on the ground, yet current law does not provide a clear state-level prohibition addressing this issue.

Under the bill, the restriction would apply to outdoor professional music, sporting, or performing arts events held at venues with a capacity of at least 1,000 people.

Each violation would be an infraction punishable by a $500 fine. 

McKinnor, who chairs the Assembly Select Committee on the 2028 Olympic and Paralympic Games and the Los Angeles County Legislative Delegation, said the restrictions are particularly important as California prepares to host major international gatherings, including the 2028 Olympic and Paralympic Games. 

“AB 2113 protects the intellectual property rights of artists and addresses a growing public safety gap at public events due to the growing use of drones across California,” said McKinnor, a member of the California Legislative Black Caucus (CLBC). 

The Association for Uncrewed Vehicle Systems International (AUVSI) has raised concerns about the bill’s potential effects on legitimate commercial drone operations. 

Mason Sisk, the group’s director of government affairs, said AB 2113 would address the “disruptive use of drones,” including operations that infringe on artists’ intellectual property. However, the trade association has asked McKinnor’s office to add an exemption for commercial flights providing services such as cargo transportation and infrastructure inspections. 

“Our issue with the bill really has to do with the distinction between the ‘loitering and hovering’ and the disruptive use of drones. So, I would ask that the committee not support the bill until we have language figured out,” Sisk told the Senate Committee on Public Safety.

To address concerns raised during the legislative process, McKinnor accepted amendments that narrowed the bill’s scope and exempted certain authorized operations. The prohibition would not apply to venue-approved flights, venue employees conducting official business, regulated utility employees performing official duties, or emergency personnel responding to an incident. 

“My office and the sponsor have been engaging with stakeholders throughout this process, and I want to thank everyone for their patience and collaboration,” McKinnor said. “We remain committed to working in good faith as the bill moves forward to address concerns of stakeholders.” 

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Black History

George Cook: The Inventor Who Made Fishing Smarter

George Cook was a Black American inventor from Louisville, Kentucky. He was born in 1863, during a time when Black Americans faced unfair laws, limited opportunities, and many barriers to education, jobs, and recognition. Even with these challenges, he became known for his intell

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A copy of the patent for George Cook’s Automatic Fishing Device. Public domain.

George Cook was a Black American inventor from Louisville, Kentucky. He was born in 1863, during a time when Black Americans faced unfair laws, limited opportunities, and many barriers to education, jobs, and recognition. Even with these challenges, he became known for his intelligence, honesty, and ability to think in practical ways. Some records say he worked as a cook for Buffalo Bill Cody and later as a chef on a private dining car for the Louisville and Nashville Railroad. He was even known by the nickname “Honest Mister Cook.”

As with many Black American inventors and scientists of that era, there is little biographical information about Mr. Cook.

Cook’s most famous invention was the Automatic Fishing Device. He received U.S. Patent No. 625,829 for it on May 30, 1899. His patent shows that he was not just someone with an idea, but someone who made it happen.

So, what did the Automatic Fishing Device do? Imagine fishing with a line in the water. Usually, you have to watch carefully and pull the line at just the right moment when a fish bites. Cook wanted to make that process easier. His device was designed to react when a fish pulled on the line. The tension from the fish would trigger a lever. That lever would release a spring-loaded part of the device, causing it to move quickly and help pull in the line. The device also had an alarm gong that would ring to let the fisher know something was happening.

This invention was important because it used simple mechanical ideas in a clever way. Springs, levers, rails, and alarms were not new by themselves, but Cook combined them to solve a real problem. His device showed how inventors often take familiar parts and arrange them in a new way to make life easier. 

Cook looked at fishing and asked, “How can this be improved?” Then, he created a device that could respond automatically when a fish tugged on the line. His invention let fishermen relax instead of watching the line for hours, trusting the alarm to alert them.

Cook may not be as famous as some inventors, but his Automatic Fishing Device shows that creativity and innovation can be applied anywhere. His legacy lives on as part of the larger story of Black innovation in America.

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