This goes under the ever-growing “If This Were Bush” file.

However, the Holder DoJ has simply realized what has been for some time the tacit assumption of the left and the civil rights establishment, namely that discrimination is wrong only if its subjects are certain groups. It’s OK and even praiseworthy if the subjects are unapproved groups. I call this the Matsuda Doctrine after law professor Mari Matsuda who articulates it, and I am not misrepresenting her views here.

Professor Matsuda, incidentally, refers to herself as among a “previously silenced” minority. A Google search of her name comes up with over 20,000 hits. The partiarchy doesn’t seem to have silenced her effectively.

And this all leads to what is now an implicit assumption in virtually all p;rogressive and leftist policy: Americans have rights based on their membership in certain groups, not as individuals. The NBPP case, the fascinating Ike Brown case from down south, and in fact the entire diversity and affirmative action movement rest on such an assumption and are neither explicable nor defensible on any other basis.

As to what Dr. King would have made of this, I can’t say, either. But he did say he wanted people to be judged by the content of their character and not the color of their skin. The DoJ rejects that idea.