It has long been my contention that the misconception about affirmative action requirements is ultimately destructive. However, it is very difficult for those historically excluded from advancement in response to prejudicial attitudes by decision-makers to understand that “affirmative action requirements” are not intended to benefit them or people like them. That the requirements are directed to decision-makers to encourage qualification or talent-based decisions, not to promote a culturally compensatory preference simply does not register.
What is wanted is that because some people were unfairly excluded, other similar people should now be unfairly included. The result is that we end up with incompetents being advanced. Both Rafael Edward Cruz and Aileen Cannon are example. Both apparently traded on their immigrant minority status to advance through elite educational systems and hires by the legal community.
Neither Rafael Cruz nor Aileen Cannon are Donald Trump’s fault. The system is rife for abuse. Many judges get away with siding with the most persuasive argument and, indeed, that accounts for many innocent people in prison and prosecutors being lauded for sending them there. The moral rationale? The incarceration of some/many people deters others from committing crimes.
That is the theory of crime prevention propounded by the judicial system.
What motivates the rule of law folks? The fact that the law is fungible.
P.S. The U.S. is so flattered to have immigrants from the “right” nations, that it bends over backwards to accommodate the.