The Kansas Human Rights Commission issues "Probable Cause" determinations in 2 Kansas Racial Profiling Cases

The Kansas Human Rights Commission (KHRC) has issued findings of Probable Cause in two recent Racial Profiling cases. The most recent was a case involving the Kansas Highway Patrol.

The complainant in this case was driving a late model SUV which had been modified with a tinted cover placed over the headlights. The Officers in the case spotted the driver and turned around to follow. The complainant, after seeing the officers turn around and visually seeing the expression on the face of one of the officers, pulled over to the side of the road voluntarily, without lights, sirens, and without having been ordered to do so. The complainant, who was black, questioned the officer as to why he had been stopped and he was told that he was stopped because he had a film over his headlights which was a violation of Kansas Statute. The driver was then ticketed for the infraction.

The driver asked the Officer for his name and badge number, and was told that it would appear on the citation. The badge number did appear on the  citation, however the Officer's name did not.

Upon investigation from the KHRC, it was learned that less than 35 minutes later, the same Officers were involved with another traffic stop, this time of a white motorist with the same type tinted cover placed over their headlights. And while the two drivers were similarly situated, the officers simply asked the white motorist to remove their headlight covers and allowed him to continue with a verbal warning.

The KHRC's report closes by saying, "The end result is that two similarly situated drivers, one African American and one Caucasian, who violated the same traffic law only minutes apart, received disparate treatment as evidenced by one receiving a ticket and one receiving a warning from the same officer."

The second case involved a driver in Junction City Kansas who was stopped and ticketed for "failure to signal 100 yards before exiting a highway." The driver, who is a Hospice Chaplin, was driving a late model Cadillac with California plates. The car belonged to his Uncle, who was a retired 33-year veteran of the California Sheriff's Department, and the complainant was returning home from his Uncle's funeral.

The Officer followed the complainant for several miles during which time he ran a National Crime Center Information Check (or NCIC) Once the check had come back clear, the Officer continued to follow the vehicle until finally pulling him over for an alleged failure to signal 100 feet prior to exiting.

During the subsequent KHRC investigation, the respondent stated that the real reason for the stop was because the vehicle had California Plates. The Respondent stated that due to the amount of Drug Traffic on Interstate 70, officers had been instructed to pay special attention to out-of-state plates.

As a part of the investigation, the KHRC requested validation of the Police Department's directive to Officers that they should stop or investigate vehicles with out-of-state plates. The Department provided no evidence of any statistical information or training modules that had been compiled or shared with Officers, and produced no documentation of policies or directives for officers to stop or investigate vehicles with out-of-state plates.

The KHRC also requested to view the dash camera recording of the stop. The Department advised that since there was no citation issued, they disposed of the video. In it's place, the Officer wrote a narrative of the stop after the complaint was filed and the narrative was maintained.

When asked during the course of the investigation, the Officer advised the KHRC that he did not follow every vehicle with California plates.

The KHRC's report concludes with the statement: "Lacking tangible evidence or reliable training to base what is a very non-specific practice of stopping some California cars for interdiction, we must consider the contention by the Complainant that his race was a factor in the officer's decision to stop that particular car from California. While "sole factor" is a very high standard to attain, our function  as defined by the KSA 22-4611 and KHRC policy is to determine if there is "Probable Cause" to believe that the officer based his decision to stop this particular car from California based solely on the race of the occupants. We do that in this case."

~~~

The Wichita Branch NAACP worked in concert with Citizen's for Equal Law Enforcement and Senator Donald Betts to draft and lobby for passage of the Kansas Racial Profiling act. We currently serve as a point of intake for Racial profiling complaints filed under the statute and we continuously monitor all Racial Profiling cases filed throughout the State. We are currently assisting one of the aforementioned complainants in their efforts to obtain legal counsel. 

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Message from NAACP President Ben Jealous on Troy Davis -- Lift the Gag Order, Let Troy Speak

A few hours ago, I met with Troy Davis on death row.

As you know, he is facing the death penalty in Georgia for killing a police officer -- but since his trial, seven out of nine witnesses have recanted or contradicted their testimony. And with no physical evidence to link him to the crime, it is likely he is innocent.

Besides the fact that Troy is facing execution for a crime that he may not have committed, he also told me that he is being denied the right to speak out on his own behalf despite the fact that others in his position are allowed to do so.

Please contact Commissioner Brian Owens of the Georgia Department of Corrections to demand that he remove the gag order on Troy Davis.  

In my meeting with Troy, I discovered that 60 Minutes, Dateline, and the Associated Press have all been denied media access to Troy. When Georgia won't let the media talk to the accused man, it is a flagrant abuse of his First Amendment rights.

In fact, the case of Troy Davis highlights how broken our criminal justice system is... and why we must reform it. Today, more than 60% of the people in prison are people of color. African Americans make up more than 40% of those on death row. This summer, the NAACP will launch a campaign to reform our country's criminal justice system with the goal of making our communities safer, improving police performance, saving money, and keeping more of our young men and women out of prison. But Troy can't wait for this summer. We need your help now.  

An innocent man may be executed. You and I must work together to reform our country's criminal justice system, and we must start by saving the life of one man. Please contact Commissioner Brian Owens of the Georgia Department of Corrections today and demand he give Troy the right to speak. 

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Sotomayor vs. SCOTUS: Revisiting Race and the Courts

Over the last few days, conservative commentators such as Rush Limbaugh, Glen Beck, Gordon Liddy, and former Speaker Newt Gingrich have taken to the airwaves to accuse Judge Sotomayer of being a racist. Representative Tom Tancredo intimated that her membership in the group La Raza was enough to prove that she was in fact a racist. Former Speaker Gingrich and Rush Limbaugh have gone so far as to say that Judge Sotomayer should be forced to withdraw her nomination due to her alleged racism. They each went on to commit the cardinal sin of equivalence

Newt Gingrich tweeted a message to his followers which read: "White man racist would be forced to withdraw. Latina woman racist should also withdraw."

Rush Limbaugh told his listeners, "She brings a form of bigotry or racism to the court," Limbaugh said, later adding: "How can a president nominate such a candidate? And how can a party get behind such a candidate? That's what would be asked if somebody were foolish enough to nominate David Duke or pick somebody even less offensive."

...Oh really?

While I believe the charges against Judge Sotomayer to be preposterous, I won't use this space to offer my limited defense... certainly the confirmation hearings will bear out the truth. But I would like to challenge the false equivalencies suggested by Speaker Gingrich and Limbaugh; particularly the claim that a White male nominee who was a racist would be forced to withdraw from consideration.

The claim itself seems so ridiculous that I can only assume that perhaps Speaker Gingrich and Limbaugh have forgotten what racism from the bench actually looks like; so I've put together this little primer... Consider these pearls from former Chief Justice of the Supreme Court, Justice William Rehnquist:

Wrote memorandum supporting Plessy v. Ferguson. 
In Plessy the Court endorsed state supported segregation and established that Jim Crow “separate but equal” principle was constitutional. Chief Justice Rehnquist served as a clerk to Justice Robert Jackson. The memo “A Random Thought on the Segregation Cases” advised Justice Jackson to affirm Plessy in future segregation cases, including Brown v. Board of Education. The memo stated “I realize that it is an unpopular and unhumanitarian position, for which I have been excoriated by my ‘liberal’ colleagues, but I think Plessy v. Ferguson was right and should be reaffirmed.”

Justice Rehnquist wrote a proposed constitutional amendment designed to limit the enforcement of Brown v. Board of education

According to Justice Rehnquist, the amendment was designed to permit northern schools to preserve de facto segregation through “neighborhood schools.”  Justice Rehnquist believed the amendment would allow gerrymandering of schools districts even if the neighborhood plan was “adopted by the local school board at least partly because they would make some schools largely white, and others largely black.”

Wrote memorandum endorsing Texas’ “Whites Only” Primaries

Terry v. Adams was case about the rights of blacks to vote in a “private” Texas primary. Justice Rehnquist while clerking for Justice Jackson wrote in a memo “I take a dim view of this pathological search for discrimination. . . and as a result I now have a mental block against the case.”  In a second memo he wrote: “The Constitution does not prevent the majority from banding together, nor does it attaint success in the effort.  It is about time the Court faced the fact that the white people of the south don’t like the colored people: the constitution restrains them from effecting thru (sic) state action but it most assuredly did not appoint the Court as a sociological watchdog to rear up every time private discrimination raises its admittedly ugly head.”           

Owned property containing restrictive covenants barring the sale of his property to nonwhites and Jews.  

 Justice Rehnquist, a sophisticated lawyer, professed ignorance of the restrictive covenant.   

Voted to grant Bob Jones University tax exempt status

Blacks students could enroll at the school but only if they were married to other blacks or promised not to date or marry outside the black race.   Bob Jones University applied for tax exempt status and was denied.  Bob Jones University sued to restore its tax exemption and won.  The case then went before the U.S. Supreme Court.  The Court in a 8-1 decision held that the university’s policy violated deeply accepted views of elementary justice and that it could not enjoy tax exempt status.  The Supreme Court, Chief Justice Burger, held that nonprofit private schools that prescribe and enforce racially discriminatory admission standards on the basis of religious doctrine do not qualify as tax‑exempt organizations under the Internal Revenue Code, nor are contributions to such schools deductible as charitable contributions.  The sole dissenter was, you guessed it, Justice William Rehnquist.

Rehnquist's Record

Chief Justice Rehnquist further distinguished himself by voting against minorities in EVERY Civil Rights case that came before the Court in his 30 year tenure. 

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CBCF Releases Resource Guide on Recovery Act for African Americans

WASHINGTON –The Congressional Black Caucus Foundation (CBCF) has prepared a resource guide - www.cbcfinc.org - for African Americans to highlight some of the major provisions within the American Recovery and Reinvestment Act of 2009 that are critical to their community.

Commonly called the Economic Stimulus Package, ARRA is the most comprehensive economic recovery legislation in the United States since the New Deal of the 1930s. ARRA provides federal funding to states and local communities for projects and programs that will address budget shortfalls for critical issues, such as employment, housing, and health care.

“CBCF fully supports ARRA because it provides vital resources for improving the circumstances of African Americans and all Americans who have been disproportionately affected by the current economic crisis,” said Elsie L. Scott, president and chief executive officer for CBCF. “Our guide allows readers to quickly reference where funding is going for education, health, economic development and social welfare – all areas that can stimulate and boost the economy by creating and saving jobs in the private sector.”

A major source of job opportunities will come from training programs and projects. For example, $16.8 billion is allocated for energy efficiency and conservation block grants, including funding for weatherization assistance, $636 million for business loans programs and $50 million for YouthBuild to provide disadvantaged youth with education and employment skills, youth development and training activities.

“One of the most important aspects of the Act is that it is intended to quickly disburse funds to revitalize and improve our most economically vulnerable communities,” said Alana Hackshaw, Ph.D., and author of the guide. “This represents a major step forward for many in African-American neighborhoods. With the federal agencies working with those who are responsible for urban policies and the system of transparency and accountability among states and local communities in order to prevent waste, fraud and abuse of funds, we can begin to turn the economy around,” she said.

The guide is also available as a PDF.

The Congressional Black Caucus Foundation Inc. was established in 1976 as a nonpartisan, nonprofit, public policy, research and education institute to help improve the socioeconomic circumstances of African Americans and other underserved communities.

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NAACP announces new Diversity Job Board

The NAACP and Personnel Strategies Inc. (PSI) announced today a partnership to produce a diversity job board to be featured at www.naacp.org. The job board, entitled www.NAACPJobFinder.com, promotes career opportunities to NAACP members and visitors from across America. The www.NAACPJobFinder.com will showcase opportunities from a cross section of industries and locations.

“The NAACP job board addresses our principal objective to ensure political, social and economic equality for all citizens. It also provides a more comprehensive approach to providing racially diverse, qualified job seekers access to a broad range of the nation's top employers,” said NAACP President Benjamin Jealous. “With so many Americans out of work we hope we can provide new resources and opportunity.”

The NAACP boasts one of the Nation’s most diverse and active membership websites. It is anticipated that during the 2009 NAACP Centennial, a large number of visitors will be registering and searching the positions at www.NAACPJobFinder.com. For employers, this represents an exception branding opportunity to promote their diversity initiatives and acknowledge the NAACP Centennial.

“PSI has worked with the NAACP producing NAACP Diversity Job Fairs since 1993. Providing a state of the art job board technology that reaches a truly diverse market of motivated and socially active candidates should be a great tool for employers. We will also be reaching thousands of candidates who each year attend a NAACP Diversity Job Fair,” says Mike Hall, President of PSI. “We like the online and onsite solutions being offered by this partnership.”

2009 marks the NAACP Centennial Celebration. The NAACP Headquarters, based in Baltimore, MD, along with its 1,700 units nationwide, will host celebrations and observances throughout the year ending with the Annual Convention in New York on July 11-16. The NAACP National Convention Centennial Celebration Diversity Job Fair will be sponsored as part of the Convention on July 14-15, 2009 at the New York Hilton.

PSI is the nation’s leading producer of Diversity Job Fairs. In 2009, PSI Job Fairs will be produced in Atlanta, Boston, Chicago, Dallas, Denver, Los Angeles, New York, Minneapolis, Pittsburgh, Philadelphia, and Washington DC. PSI is the only job fair producer selected by the NAACP to brand its events as NAACP Diversity Job Fairs.

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Reflections on the 5th Annual Leadership 500 Summit

Sunday morning marked the end of our 5th Annual NAACP Leadership 500 summit. This initiative, launched by Roslyn McCallister Brock some years ago, continues to grow and deepen with each passing year. The idea behind the summit is to call together young professionals from around the country who are between the ages of 20 and 50 to discuss the critical issues facing our community and to put together strategies for action. This year, we were joined by 6 of the 7 youth members of the NAACP's National Board of Directors and a host of other 20, 30, and 40 somethings, for a series of workshops and lectures dealing with economic development, political affairs, educations, military and veterans issues, and families.

I was honored to once again serve as a member of the planning committee, and as such I would personally like to commend and honor sister Rosyln, Paula Brown-Edme, Barbara Brown, Sabu, Mike, Tonya, Rose, Faith, Leon, Hilary, Mama Dukes, and EVERYONE else who worked so hard to make this event a sucess... Through your efforts, you are touching thousands of lives, and I feel blessed to have been a witness...

I was able to take down just a few notes from some of the sessions that I'd like to share with you here:

Family connectedness workshop
Maintaining Family Connectedness in tough economic times

Rev. Kenneth Cooper – Spoke about the loss of family connectedness many are experiencing and how it coincides with a more general loss in communication. He talked about how houses used to have front porches where families could congregate and get to know their neighbors, but how as of late, houses are more apt to have decks out back which we surround with privacy fences. He also spoke about how once routine conversations around the dinner table have been too often reduced to text messages and that it is incumbent upon all of us to work to maintain the space for our communities to communicate.

Dr. Lisa Loury –Dr. Loury spoke about how our lives have become increasingly busy and our connectedness is challenged by our time constraints. She also spoke about the need for fundamental honesty with our children during these economic times. And how we could take advantage of these current economic challenges and use them as an opportunity to serve as Role Models for our children about about how to make difficult and complex decisions.

Diana Morales MPD – Also spoke about Role Modeling, and she expounded on the growing sense of separation due to increased reliance on technology. But then she also spoke about the distance between our families that is both physical and symbolic. About how our families are spread further and further apart as opposed to the older extended family model. She spoke eloquently about the loss of hope in our community and the need for leaders to work on lifting people up. She shared her testimony about her personal family and their struggles as emblematic of how many family members have to work multiple jobs just to make ends meet. She spoke specifically about changes we can make in our own lives like expanding our definition of “Family”; being better neighbors; getting more sleep; getting involved in community; maintaining physical activity; eating well; creating a gratitude Journal (writing three things down each day that you are thankful for), and taking care of our Mental Health and maintaining peace in our lives and families. She also suggested that if we have things we feel the need to worry about, that we should set a “worry time”. (Not worrying about issues during meetings or family activities, but rather determining a time that you would willingly set aside for worry – “I’m going to worry between 12 and 12:15 and that’s it).

Dr. Terri Kennedy – Spoke about embracing the concept of simplicity (knowing what you value and organizing your life around it). And the need to express and experience ‘Gratitude’ (and to articulate that gratitude). Spoke about the need for creating family rituals. Towards the end she summarized her presentation with the saying, “Success is an attitude not an event.”

Cpt. Richard Tatum – Spoke about the loss of morality. Also spoke about the need for discipline, love, and faith. Referenced that in recent times, our faith has been placed in our finances, and we must get back to placing our faith in God. Lastly, he spoke about the power of intention; the fact that change and manifestation do not come by accident – but by conscious intention. “If you have no faith, it’s hard to have courage in the midst of a storm”.

Economic Empowerment workshop
Resiliency 101: Professional survival tactics during an economic downturn

Facilitator: Dr. Randall Pinkett: Stated that a down economy can be the best time to start an entrepreneurial enterprise. Spoke about the myth that staring a business requires other people’s money. But 80% of companies are started with the founder’s money. All of the panelists were representative of the 80% who started their businesses with their own money. He also spoke about the power of networking and developing relationships. He cited a recent study which determined how people were connected with their current employment: Internet 7%, agencies 9%, advertisements 9 % Relationships 74%

Sirena C. Moore (President; Elohim Cleaning Contractors): They focus on Construction site cleaning. The business was started with her Father and no money. Business did 2million in sales last year with 83 employees, no debt, no lines, and no loans. She spoke about the need for businesses to go the extra mile to be successful. She also spoke about the importance of having empowering beliefs. She said that when she and her father started their company, they bought only what they could afford to purchase in cash, she didn’t get a regular salary until her 3rd year, and they only introduced one salaried employee per year until they were financially viable.

Armando Seay (Founder and Executive Vice President of Development; Ross Technologies): Ross Technologies has been doing fine during this economic downturn through its focus on facilitating the information needs of Public sector clients such as the CIA, FBI, and various defense agencies. Armando also spoke about the need for start-up businesses and employees to be exceptional and to learn to be indispensible. But he also warned about the possibility of ‘overplanning’ stating that “once you’ve done your research, once you’ve built your plan, at some point, you just have to start.” Once his company started receiving contracts, he paid out 8 payroll’s before he ever received a check from one of his contracts. “Know what you don’t know” – he spoke about identifying your weaknesses and finding people who are strong in those areas who can come in and assist you.

Tammy Edwards (Asst VP – Federal Reserve Bank of KC): Leads a team of economists who research the Financial needs of low and moderate income communities through community development efforts. Spoke about the Community Reinvestment Act. And as banks and organizations began to function under the CRA they began morphing into more community development type organizations. She spoke about doing the work that is most important to you – in her case it was working to find methods of closing the economic gap between our communities. She also spoke about the need to form your own personal Board of Directors (People with different strengths and different experiences who can help you find and take advantage of opportunities by clarifying your strengths, weaknesses, and abilities) This concept was not solely a ‘networking’ concept, but rather a call to find people who you care about and who care about you, who are willing to be real with you… Finding the intersection between passion and gifts.

James Lindsay (President/CEO; Rap Snacks): Company formed 15 years ago with $40,000.00. The company did $5million dollars in sales last year. Research your field beyond your business plan. Fully develop your marketing plan through market research, your operating strategy, and your exit strategy.

N. Scott Phillips (IBM Corp): Talked about leveraging corporate organizations to assist minority businesses. He also talked about exercising your influence over your environment. He discussed the concept of branding and that individuals need to “manage” their personal brand. (are you perceived as a problem-solver? Are you perceived as one who can understand change and adapt?). Spoke about the need to surround yourself with good people. (Bankers, accountants, insurers, etc… folks you should bring in to guide and assist you on your personal board). He also strongly suggested that people volunteer and work in the community to build relationships. Do your research on people, know who can help you, know who is going to be in a room, learn who you can access…

Civic Engagement Workshop:
Meeting New Challenges in the era of Change

Facilitator: Leon Russell; Office of Civil Rights
Paris Dennard (Senior field representative RNC): Worked at the White House with President Bush for 3 years. Talked about Social Conservatism. Asked the question, “are we best served by placing all of our trust in only one party?” Said the President should be held accountable for not considering any black people for the Supreme Court stating that he believed that a Republican President would be scrutinized for not doing so…

Allyn Brooks LaSure (Deputy Associate Administrator EPA): Talked about the lack of Diversity within the health care debate and the various other critical debates facing the community. Allyn also talked about having organizations like the NAACP stand at the guard to see who the folks are in the room after the meeting is over. He talked about the importance of knowing who is in the room when decisions are made to allocate the actual dollars.

Melanie Campbell (CEO and Executive Director National Coalition in Black Civic Participation):  Talked about the fact that HBCU’s stand to lose approximately 85 million dollars. She also talked about that fact that there is a push for African Americans to stop talking about or dealing with the issue of race, while at the same time, other communities are increasingly consolidating behind identity politics. She also talked about the need for us to push for more inclusion of African Americans in the administration.

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Letter from NAACP President Ben Jealous regarding the nomination of Judge Sotomayor to the Supreme Court

I was at the White House this morning when President Obama nominated Judge Sonia Sotomayor to the Supreme Court -- and it was a thrilling moment.

She is a brilliant legal mind and a distinguished judge -- and she would be the first Hispanic, and the third woman, to serve on the Court.

At the NAACP, we are excited to have a nomination that brings us one step closer to the inclusive democracy that is the hallmark and promise of our nation. I am writing now to ask you to help ensure that she is confirmed. Here is what you can do:

1. Call the U.S. Capitol switchboard at (202) 224-3121.
   
2. Ask to speak with one of your senators.
   
3. Once you are connected, tell the person answering the phone that you "urge the Senator to ensure that Judge Sotomayor's Supreme Court confirmation is swift and fair."
   
4. Do the same for your other senator.

The nomination of the first Latina to join the Supreme Court is a moment that we should celebrate. Judge Sotomayor has the life experiences, as well as the judicial temperament and legal mastery, to be a successful and effective Supreme Court justice. She also has an established and proven commitment to civil rights.

You have probably already heard about her life story: she grew up in a public housing project in the South Bronx, her father died when she was nine, and her mother worked two jobs. She went to Princeton and Yale. She can understand the reality of all Americans from diverse backgrounds.

The Senate Judiciary Committee will hold hearings first; once they have recommended her, the full Senate will vote. Please call (202) 224-3121, ask for your senators, and tell them to confirm Judge Sotomayor.

Thank you for your support!


Benjamin Todd Jealous
President and CEO
NAACP

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President Obama chooses retired astronaut Maj. Gen. Charles Bolden to lead NASA

HOUSTON — The nation's turbulent space program will be run by one of its own, a calming well-liked former space shuttle commander.

President Barack Obama on Saturday chose retired astronaut Maj. Gen. Charles Bolden to lead NASA. He also named former NASA associate administrator Lori Garver as the agency's No. 2. If confirmed, Bolden, who has flown in space four times and was an assistant deputy administrator at one point, would be the agency's first black administrator.

Bolden would also be only the second astronaut to run NASA in its 50-year history. Vice Adm. Richard Truly was the first. In 2002, then-President George W. Bush unsuccessfully tried to appoint Bolden as the space agency's deputy administrator. The Pentagon said it needed to keep Bolden, who was a Marine major general at the time and a pilot who flew more than 100 sorties in Vietnam.

"Charlie knows NASA and the people know Charlie; there's a level of comfort," especially given the uncertainty the space agency faces, said retired astronaut Steve Hawley, who flew twice in space with Bolden.

Bolden likely will bring "more balance" to NASA, increasing spending on aeronautics and environment missions, working more with other nations in space, and emphasizing education, which the president often talks about when it comes to space, said former Johnson Space Center Director George Abbey, a longtime friend.

"He's a real leader," Abbey said Saturday. "NASA has been looking for a leader like this that they could have confidence in."

Bolden's appointment came during the tail end of the space shuttle Atlantis' mission to repair the Hubble Space Telescope one final time. He was the pilot on the flight that sent Hubble into orbit in 1990.

Bolden, 62, would inherit a NASA that doesn't look much like the still-somewhat-fresh-from-the-moon agency he joined as an astronaut in 1980. NASA now "is faced with a lot of uncertainty," Abbey said.

Bush set in motion a plan to retire the space shuttle fleet at the end of next year and return astronauts to the moon and then head out to Mars in a series of rockets and capsules that borrows heavily from the 1960s Apollo program. The shuttle's replacement won't be ready until at least 2015, so for five years the only way Americans will be able to get in space is by hitching a ride on a Russian space capsule. And some of NASA's biggest science programs are over budget.

Earlier this month, the White House ordered a complete outside examination of the manned space program. The Obama administration hasn't been explicit about its space policy, with White House science adviser John Holdren saying the policy would come after a NASA chief was named.

"These talented individuals will help put NASA on course to boldly push the boundaries of science, aeronautics and exploration in the 21st century and ensure the long-term vibrancy of America's space program," Obama said of Bolden and Garver in a statement.

Bolden, a native of Columbia, S.C., and his wife donated $750 to the Obama campaign in 2008.

At NASA's Johnson Space Center in Houston, where Bolden spent about a decade, his impending appointment was quietly cheered on all week long.

The diminutive salt-and-pepper haired Bolden, who lives only a few miles from the space center, on Saturday morning said he couldn't talk until after Senate confirmation. He was busy answering congratulatory e-mails from home. He has his own consulting firm in Houston and sits on corporate boards.

ORGANIZATIONS: Member of the Montford Point Marine Association, the United States Naval Institute, and Omega Psi Phi Fraternity. Lifetime member of the Naval Academy Alumni Association, the University of Southern California General Alumni Association.

SPECIAL HONORS: Recipient of the Distinguished Flying Cross, the Defense Superior Service Medal, the Defense Meritorious Service Medal, the Air Medal, the Strike/Flight Medal (8th award), Honorary Doctor of Science Degree from the University of South Carolina (1984), Honorary Doctor of Humane Letters from Winthrop College (1986), the NASA Outstanding Leadership Medal (1992), NASA Exceptional Service Medals (1988, 1989, 1991), the University of Southern California Alumni Award of Merit (1989), and an Honorary Doctor of Humane Letters from Johnson C. Smith University (1990).

EXPERIENCE: Bolden accepted a commission as a second lieutenant in the U.S. Marine Corps following graduation from the United States Naval Academy in 1968. He underwent flight training at Pensacola, Florida, Meridian, Mississippi, and Kingsville, Texas, before being designated a naval aviator in May 1970. He flew more than 100 sorties into North and South Vietnam, Laos, and Cambodia, in the A-6A Intruder while assigned to VMA(AW)-533 at Nam Phong, Thailand, June 1972 to June 1973. Upon returning to the United States, Bolden began a two-year tour as a Marine Corps selection officer and recruiting officer in Los Angeles, California, followed by three years in various assignments at the Marine Corps Air Station El Toro, California. In June 1979, he graduated from the U.S. Naval Test Pilot School at Patuxent River, Maryland, and was assigned to the Naval Air Test Center's Systems Engineering and Strike Aircraft Test Directorates. While there, he served as an ordnance test pilot and flew numerous test projects in the A-6E, EA-6B, and A-7C/E airplanes.

He has logged more than 6,000 hours flying time.

NASA EXPERIENCE: Selected by NASA in May 1980, Bolden became an astronaut in August 1981. His technical assignments included: Astronaut Office Safety Officer; Technical Assistant to the Director of Flight Crew Operations; Special Assistant to the Director of the Johnson Space Center; Astronaut Office Liaison to the Safety, Reliability and Quality Assurance Directorates of the Marshall Space Flight Center and the Kennedy Space Center; Chief of the Safety Division at JSC; Lead Astronaut for Vehicle Test and Checkout at the Kennedy Space Center; and Assistant Deputy Administrator, NASA Headquarters. A veteran of four space flights, he has logged over 680 hours in space. Bolden served as pilot on STS-61C (January 12-18, 1986) and STS-31 (April 24-29, 1990), and was the mission commander on STS-45 (March 24-April 2, 1992), and STS-60 (Feb. 3-11, 1994).

Bolden left NASA and returned to active duty in the U.S. Marine Corps as the Deputy Commandant of Midshipmen at the Naval Academy, Annapolis, Maryland, effective June 27, 1994.

Brig. General Bolden is the Assistant Wing Commander, HQ 3rd MAW Miramar, San Diego, California.

SPACE FLIGHT EXPERIENCE: STS-61C Space Shuttle Columbia. During the six-day flight crew members deployed the SATCOM KU satellite and conducted experiments in astrophysics and materials processing. STS-61C launched from the Kennedy Space Center, Florida, on January 12. The mission was accomplished in 96 orbits of Earth, ending with a successful night landing at Edwards Air Force Base, California, on January 18, 1986.

STS-31 Space Shuttle Discovery. Launched on April 24, 1990, from the Kennedy Space Center in Florida. During the five-day mission, crew members deployed the Hubble Space Telescope and conducted a variety of middeck experiments. They also used a variety of cameras, including both the IMAX in cabin and cargo bay cameras, for Earth observations from their record-setting altitude over 400 miles. Following 75 orbits of Earth in 121 hours, STS-31 Discovery landed at Edwards Air Force Base, California, on April 29, 1990.

On STS-45 Bolden commanded a crew of seven aboard Space Shuttle Atlantis. Launched on March 24 from the Kennedy Space Center in Florida, STS-45 was the first Spacelab mission dedicated to NASA's Mission to Planet Earth. During the nine-day mission, the crew operated the twelve experiments that constituted the ATLAS-1 (Atmospheric Laboratory for Applications and Science) cargo. ATLAS-1 obtained a vast array of detailed measurements of atmospheric chemical and physical properties, which contribute significantly to improving our understanding of our climate and atmosphere. In addition, this was the first time an artificial beam of electrons was used to stimulate a man-made auroral discharge. Following 143 orbits of Earth, STS-45 Atlantis landed at the Kennedy Space Center, Florida, on April 2, 1992.

On STS-60 he commanded a crew of six aboard Space Shuttle Discovery. This was the historic first joint U.S./Russian Space Shuttle mission involving the participation of a Russian Cosmonaut as a mission specialist crew member. The flight launched on February 3, 1994, from the Kennedy Space Center, Florida, and carried the Space Habitation Module-2 (Spacehab-2), and the Wake Shield Facility-01 (WSF-1). Additionally, the crew conducted a series of joint U.S./Russian science activities. The mission achieved 130 orbits of the Earth, ending with a landing on February 11, 1994, at the Kennedy Space Center, Florida.

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Xerox welcomes Ursula Burns; the first African American Female CEO of a Fortune 500 company!

Xerox has named Ursula Burns as its new chief executive officer, making her the first African American woman to run a Fortune 500 company.

Burns will take over on July 1, 2009, replacing Anne Mulcahy.

The 50-year-old new boss worked her way up the corporate ladder from a summer internship in 1980 to the CEO position. She has also been a member of the board of directors since 2007.

After beginning as a mechanical engineering summer intern at Xerox, Burns went on to work for the company in product development and planning. From 1992 through 2000, she led several business teams including the office color and fax business and office network printing business. In 2000, she was named senior vice president, Corporate Strategic Services, heading up manufacturing and supply chain operations.

Burns led Xerox's global research and product development, marketing and delivery and in April 2007 was named president of Xerox, expanding her leadership to include the IT organization, corporate strategy, human resources, corporate marketing and global accounts.

A graduate of Polytechnic Institute of NYU, Burns also holds a master of science degree in mechanical engineering from Columbia University. She serves on several professional and community boards, including American Express, The National Center on Addiction and Substance Abuse at Columbia University, MIT, the U.S. Olympic Committee and the University of Rochester.

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The NAACP selects 6 students to participate in the 2009 Law Fellow Program

The NAACP recently selected six students to participate in the 2009 NAACP/Kellogg’s Law Fellow Program. Through a highly competitive selection process, the following were chosen for the program: Nicole Chong, first year law student at Florida State University College of Law; Noele Hosley, juris doctor candidate at the Southern New England School of Law; Noah Grabisch, first year law student at Boston College of Law; Annaleigh Porter, second year law student at Syracuse University College of Law; Malcolm Ruff, first year law student at the University of Baltimore, School of Law; and Sahmra Stevenson-Smith, juris doctor candidate at American University, Washington College of Law.

Initiated in 2003 by current NAACP interim General Counsel Angela Ciccolo, the Law Fellow program was created with the vision of developing future generations of civil rights attorneys. While this year’s fellows hail from diverse educational and geographical backgrounds, they share a common bond – their interest in civil rights law. Each fellow has a specific area of legal interest, ranging from fair housing and education issues, to employment discrimination and police misconduct.

The fellows will work for the NAACP at its Baltimore headquarters, and will engage in legal research, writing and strategy on issues related to NAACP initiatives such as criminal justice, education, housing, voting and civil rights and environmental justice. In addition, fellows will be expected to participate in the Lawyers Continuing Legal Education (CLE) Seminar at the NAACP National Convention. The NAACP will celebrate its 100th year at the Convention, and the fellows will serve as a link between the past and the future of the organization.

“Our law fellows play an important role in continuing the NAACP’s legacy as our nation's oldest and most widely recognized civil rights organization,” said NAACP President and CEO Benjamin Todd Jealous. “Like Charles Houston and Thurgood Marshall before, these students have exhibited the potential and the readiness to be catalysts for political, educational, social and economic change.”

The fellows’ assignments and responsibilities will be designed primarily to develop the participants’ legal expertise and leadership ability. Fellows will develop legal proficiency by preparing a research paper discussing strategies to advance the civil rights struggle. In addition, past fellows regularly interacted with influential organizations and individuals through a series of networking events. These interactions often resulted in increased opportunities to obtain judicial clerkships and other career opportunities in the legal field, and helped cultivate relationships with civil rights leaders and attorney advocates.

The Law Fellow program commences on May 27, 2009 and will continue through August 7, 2009.

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ACTION ALERT - Legislation to stop predatory lending abuses by the Credit Card industry passes the US Senate

The Senate version must now pass the House before going to the President

THE ISSUE
On Tuesday, May 19, 2009, the United States Senate by an overwhelming bipartisan margin of 90 yeas to 5 nays passed H.R. 627, the Credit Cardholders' Bill of Rights of 2009. The House had passed a similar, but slightly different version, of the same legislation on April 30, 2009, by a similarly strong bipartisan margin of 357 ayes to 70 nays. This important legislation includes restrictions on credit card companies' ability to hike interest rates, often done without the knowledge of the credit cardholder, and to charge fees. This legislation enjoys the support of President Obama, who has said that "While Americans have a responsibility to live within their means and pay what they owe, credit card companies have a responsibility to set rules that are fair and transparent."

Equal access to credit is a vital step in helping racial and ethnic minority families move out of poverty, and into the middle class and to greater financial security. Rising delinquencies in the home, auto, and credit card markets are putting a strain on working families across the country. Racial and ethnic minority families, who are routine targets for unfair and abusive lending practices, are especially hard-hit. Much like the targeting and discrimination that occurs with home loans, our communities are steered toward credit cards with the highest fees and interest rates and most complicated payment terms. In fact, one report showed that 15% of African-Americans and 13% of Latino card users have cards with interest rates over 20%, compared to only 7% of White card users – many of whom are responding to credit card solicitations with preset terms and conditions. Other research has shown that most households rely on their credit cards to cover their family budget in times of financial emergencies, such as family car repairs or medical expenses. Instead of providing relief or a financial bridge, credit cards with abusive features and practices often create vicious cycles of debt.

While many credit card companies play fairly, not all do. The Credit Cardholders' Bill of Rights is an important tool in our efforts to provide an equal playing field to racial and ethnic minorities in their efforts to move out of poverty and into the middle class. We thus need the House to pass the Senate version of the bill and send it to the President for his signature before Memorial Day!

CLICK HERE FOR THE ACTION WE NEED YOU TO TAKE  

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The 5th Annual Leadership 500 Summit -- May 21st - 24th

Please join us for the 5th Annual Leadership 500 summit, May 21st through May 24th in Scottsdale Arizona. If you haven't registered, it's not too late... Just visit the NAACP Homepage and click on the link to the Leadership 500 summit.

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Save the date -- Know your 'Civil' Rights forum: Employment 101

This is a twist on the standard "Know Your Rights" forum. We will be dealing specifically with issues related to employment. Wrongful Termination? Hostile Work Environment? Progressive Discharge? Progressive discipline? "Right to Work"? etc... Come out and join our discussion about your rights in employment and learn how to protect yourself in these tough economic times...

Date: Saturday, June 27, 2009

Time: 3:00pm - 5:30pm

Location: Wichita Branch NAACP Main Office

Street: 829 N Market St

City/Town: Wichita, KS

Phone: (316) 219-6996

Email: wichita.naacp@gmail.com

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14 Year Old Tony Hansberry makes Medical History

By Shirley Hawkins; Our Weekly 

Jacksonville, Fla .-- Tony Hansberry II is just 14 years old, but the precocious student has the medical profession buzzing. Hansberry, who attends Darnell-Cookman Middle/High School in Jacksonville, Florida, the first magnet school for medicine in the country, has discovered a new way to suture patients undergoing hysterectomies.

Challenged to improve a procedure called the endo stitch used in hysterectomies that could not be clamped down properly to close the tube where the patient’s uterus had been, Hansberry devised a vertical way to apply the endo stitch that simplifies the procedure and reduces the risk of complication.

The technique will shorten the period of time that it takes to close the removal of the uterus and make it easier for surgeons who do not perform hysterectomies on a regular basis. Using a medical dummy, Tony was able to stitch three times faster with the endo stitch versus the conventional needle driver. “It took me a day or two to come up with the concept,” said Hansberry, who has dreamed of becoming a neurosurgeon since the age of 11.

Hansberry was guided by Dr. Brent Siebel, a urogynecologist, and Bruce Nappi, administrative director of the Center for Simulation Education and Safety Research (CSESaR). Hansberry’s discovery was awarded second place in the regional science fair in February 2009 in the medical category.

Described as shy, bright and studious, Hansberry is the son of an African Methodist Episcopal pastor and a registered nurse. He interned last summer at the University of Florida’s CSESaR, just down the street from his middle school. The ninth grader is already being compared to a first year medical student. And Hansberry plans to stay in the field of medicine–his goal is to attend the University of Florida to become a trained neurosurgeon.

Hansberry recently presented his findings in front of an auditorium filled with doctors at Shands Hospital in Jacksonville, Florida. He is humbled but proud of his medical achievement which colleagues say will most likely be adopted by the medical profession. “They were very surprised that a ninth grader could do this kind of procedure,” Hansberry told Our Weekly.

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55 years later: Revisiting the Brown decision

U.S. Supreme Court

BROWN V. BOARD OF EDUCATION, 347 U.S. 483 (1954)

BROWN ET AL. v. BOARD OF EDUCATION OF TOPEKA ET AL.

APPEAL FROM THE US DISTRICT COURT FOR THE DISTRICT OF KANSAS.

Argued December 9, 1952. Reargued December 8, 1953.

Decided May 17, 1954.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion.   [347 U.S. 483, 487]  

In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance, [347 U.S. 483, 488]   they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment. In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called "separate but equal" doctrine announced by this Court in Plessy v. Ferguson, 163 U.S. 537 . Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate. In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools.

The plaintiffs contend that segregated public schools are not "equal" and cannot be made "equal," and that hence they are deprived of the equal protection of the laws. Because of the obvious importance of the question presented, the Court took jurisdiction. Argument was heard in the 1952 Term, and reargument was heard this Term on certain questions propounded by the Court.  [347 U.S. 483, 489]  

Reargument was largely devoted to the circumstances surrounding the adoption of the Fourteenth Amendment in 1868. It covered exhaustively consideration of the Amendment in Congress, ratification by the states, then existing practices in racial segregation, and the views of proponents and opponents of the Amendment. This discussion and our own investigation convince us that, although these sources cast some light, it is not enough to resolve the problem with which we are faced. At best, they are inconclusive. The most avid proponents of the post-War Amendments undoubtedly intended them to remove all legal distinctions among "all persons born or naturalized in the United States." Their opponents, just as certainly, were antagonistic to both the letter and the spirit of the Amendments and wished them to have the most limited effect. What others in Congress and the state legislatures had in mind cannot be determined with any degree of certainty.

An additional reason for the inconclusive nature of the Amendment's history, with respect to segregated schools, is the status of public education at that time. In the South, the movement toward free common schools, supported [347 U.S. 483, 490]   by general taxation, had not yet taken hold. Education of white children was largely in the hands of private groups. Education of Negroes was almost nonexistent, and practically all of the race were illiterate. In fact, any education of Negroes was forbidden by law in some states. Today, in contrast, many Negroes have achieved outstanding success in the arts and sciences as well as in the business and professional world. It is true that public school education at the time of the Amendment had advanced further in the North, but the effect of the Amendment on Northern States was generally ignored in the congressional debates. Even in the North, the conditions of public education did not approximate those existing today. The curriculum was usually rudimentary; ungraded schools were common in rural areas; the school term was but three months a year in many states; and compulsory school attendance was virtually unknown. As a consequence, it is not surprising that there should be so little in the history of the Fourteenth Amendment relating to its intended effect on public education.

In the first cases in this Court construing the Fourteenth Amendment, decided shortly after its adoption, the Court interpreted it as proscribing all state-imposed discriminations against the Negro race. The doctrine of [347 U.S. 483, 491]   "separate but equal" did not make its appearance in this Court until 1896 in the case of Plessy v. Ferguson, supra, involving not education but transportation. American courts have since labored with the doctrine for over half a century. In this Court, there have been six cases involving the "separate but equal" doctrine in the field of public education. In Cumming v. County Board of Education, 175 U.S. 528, and Gong Lum v. Rice, 275 U.S. 78, the validity of the doctrine itself was not challenged. In more recent cases, all on the graduate school [347 U.S. 483, 492]   level, inequality was found in that specific benefits enjoyed by white students were denied to Negro students of the same educational qualifications. Missouri ex rel. Gaines v. Canada, 305 U.S. 337; Sipuel v. Oklahoma, 332 U.S. 631; Sweatt v. Painter, 339 U.S. 629; McLaurin v. Oklahoma State Regents, 339 U.S. 637. In none of these cases was it necessary to re-examine the doctrine to grant relief to the Negro plaintiff. And in Sweatt v. Painter, supra, the Court expressly reserved decision on the question whether Plessy v. Ferguson should be held inapplicable to public education.

In the instant cases, that question is directly presented. Here, unlike Sweatt v. Painter, there are findings below that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other "tangible" factors. Our decision, therefore, cannot turn on merely a comparison of these tangible factors in the Negro and white schools involved in each of the cases. We must look instead to the effect of segregation itself on public education.

In approaching this problem, we cannot turn the clock back to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout [347 U.S. 483, 493]   the Nation. Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws.

Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.

We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.

In Sweatt v. Painter, supra, in finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on "those qualities which are incapable of objective measurement but which make for greatness in a law school." In McLaurin v. Oklahoma State Regents, supra, the Court, in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: ". . . his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession." [347 U.S. 483, 494]   Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro plaintiffs:

"Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law; for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system."

Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority. Any language [347 U.S. 483, 495]   in Plessy v. Ferguson contrary to this finding is rejected.

We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment. 

Because these are class actions, because of the wide applicability of this decision, and because of the great variety of local conditions, the formulation of decrees in these cases presents problems of considerable complexity. On reargument, the consideration of appropriate relief was necessarily subordinated to the primary question - the constitutionality of segregation in public education. We have now announced that such segregation is a denial of the equal protection of the laws. In order that we may have the full assistance of the parties in formulating decrees, the cases will be restored to the docket, and the parties are requested to present further argument on Questions 4 and 5 previously propounded by the Court for the reargument this Term. The Attorney General [347 U.S. 483, 496]   of the United States is again invited to participate. The Attorneys General of the states requiring or permitting segregation in public education will also be permitted to appear as amici curiae upon request to do so by September 15, 1954, and submission of briefs by October 1, 1954. 

It is so ordered.

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NAACP joins with a coalition of more than 20 Organizations calling on President Obama to address Health Disparities

On Monday, May 4th, the NAACP joined more than 20 national organizations in signing a letter urging the President and Congress to address the health disparities gap for racial and ethnic minorities as part of comprehensive health reform. Among other priorities, the group said health reform should improve incentives, resources and data collection to eliminate disparities in care for minority populations; increase the number of nurses, doctors, dentists, mental health practitioners and other caregivers in minority and underserved communities; and provide coverage and access to care for all, resources to address the factors that contribute to the disparities gap, and training to help health care providers deliver culturally competent care. The cited priorities grew out of the American Hospital Association's Special Advisory Group on Improving Hospital Care for Minorities. “Every day, hospitals care for increasingly diverse communities and patients,” said AHA President and CEO Rich Umbdenstock. “Finding ways to eliminate the gaps in access to care and quality of care for minorities is a key component to health care reform and we’re pleased to help lead this important discussion.”

Click HERE to read the coalition's letter to President Obama... 

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NAACP LDF defends the Voting Rights act before the Supreme Court

On April 29th, the United States Supreme Court, in Northwest Austin Municipal Utility District One v. Holder, heard a constitutional challenge to Section 5, a core provision of the Voting Rights Act of 1965. In the most recent voting rights cases of our time, the NAACP Legal Defense Fund presented argument in defense of Section 5, the heart of the Voting Rights Act. Section 5 requires a select number of jurisdictions with a history of discrimination in voting submit new voting changes to the Department of Justice or a federal court before they can take effect. A small, Texas-based utility district filed the case seeking to end its responsibility for having its voting changes reviewed but more significantly to have the preclearance provision of the Act declared unconstitutional. The U.S. District Court for the District of Columbia rejected the suit last spring, finding Congress well within its authority to renew this key provision of the Voting Rights Act in light of significant evidence of ongoing voting discrimination in the jurisdictions where the law applies.


CLICK HERE to listen to the oral argument in Northwest Austin Municipal Utility District Number One v. Holder.

CLICK HERE to watch LDF attorneys field questions on the importance of this case ., (LDF segment begins at 3:55)

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For Higher Education, President's Budget Adds Little, Subtracts Little

Reposted from: The Chronicle of Higher Education
By KELLY FIELD (kelly.field@chronicle.com) 

President Obama's budget for the Department of Education for the 2010 fiscal year would leave spending on most student-aid programs unchanged, but would largely spare higher education the program eliminations seen elsewhere in his budget.

The president's plan, released Thursday, fleshes out a budget blueprint the White House unveiled in February. The budget would provide no increase for Federal Work-Study or the Supplemental Educational Opportunity Grant program, financing the programs at the current levels of $981-million and $758-million, respectively.

It would also continue 2009 spending levels for career- and technical-education programs and the TRIO and Gear Up programs, which prepare low-income students for college.

Institutions that serve minority students-including historically black colleges and universities, tribal colleges, and Hispanic-serving institutions-would see a slight bump in aid, with most programs for those colleges getting a 5-percent increase. However, the programs would still face steep budget cuts next year, when supplemental money appropriated by Congress two years ago is scheduled to run out.

Over all, the budget is much more generous to higher education than President Bush's final budget proposal, which called for terminating 47 education programs, including the Supplemental Educational Opportunity Grant and the Perkins Loan program. While President Obama's budget would eliminate 12 Education Department programs worth $550-million, only one of them is a postsecondary program: the $66-million College Access Challenge Grant program, which provides matching grants to states for programs aimed at enrolling and graduating underrepresented students. And the president would more than make up for the cut with a proposed $2.5-billion fund for college access and completion.

Mr. Obama's budget would also increase the maximum Pell Grant by $200, to $5,500. President Bush had proposed only a $69 increase.

Details on Pell Grants
Still, some student-aid advocates said they were disappointed that the president didn't offer more to college-preparation programs, given his goal for every American to complete at least one year of college, and for the United States to lead the world in college-completion rates by 2020. As Arnold Mitchem, president of the Council for Opportunity in Education, put it, "low-income students need academic and personal support if they are to enter and succeed in college."

"For taxpayers to get an appropriate return on the billions of dollars they are investing in student financial aid, a real investment in support programs like TRIO and GEAR Up is required," he said.

The budget also provides additional details about the president's proposals to make Pell Grants mandatory and remake the Perkins Loan program. Those proposals were included in the February blueprint but have not yet been considered by Congress.

Under the president's plan, Pell Grants would become an "appropriated entitlement," meaning that Congress would retain a role in setting spending levels. The maximum award would automatically increase at a rate equal to that of the Consumer Price Index plus a percentage point each year, but Congress could choose to provide additional Pell aid or enact a law that changed how the maximum award is set, Education Department officials told reporters Thursday.

The Pell Grant program already operates as a quasi-entitlement, in that all students who qualify for a grant receive one. But financing is set through the annual appropriations process, and spending levels are based on projections made far in advance of when students receive the awards. When money is tight or the political climate is unfavorable, the maximum award stagnates and occasionally shrinks.

Previous versions of the president's Pell proposal had referred only to making the grants an "entitlement." The addition of the adjective "appropriated" appears designed to appease leaders of the appropriations committees, who have been reluctant to cede control over the politically popular program.

On Perkins Loans, the president has called for increasing the program's budget from $1-billion to $6-billion and rewriting the formula used to allocate the money among colleges. The budget leaves it up to Congress to revise that formula, but notes that the administration intends the formula to "encourage colleges to control costs and offer need-based aid" and "reward schools that enroll and graduate students from low- and middle-income families."

Changes in Federal Aid Programs
The budget doesn't add much to the President's proposal to do away with the bank-based guaranteed-loan program and shift all student loans to the Education Department's competing Direct Loan program. However, the document does predict that the government's loan-purchase programs-created in the wake of the credit crunch to free up capital for student loans and designed to be budget neutral-will in fact make the government billions. Lenders are certain to seize on those projections as they seek to persuade lawmakers to make the programs permanent, rather than ending guaranteed loans, which have until recently been profitable for lenders. Sallie Mae has suggested that the government create a permanent loan-purchase program as an alternative to ending the guaranteed-loan program.

"This shows that if you continued the programs, or made them permanent, it would produce savings" to taxpayers, said Peter Warren, president of the Education Finance Council, an association of nonprofit and state-based student-loan providers.

The budget now moves to the Congressional appropriations committees, where lawmakers will decide whether to add or subtract money from the president's request. Meanwhile, the proposal to end guaranteed loans and to make Pell Grants an entitlement is in the hands of the education committees, which have been instructed to slice $1-billion from programs under their jurisdiction. Members of those committees have until mid-October to decide whether they will seek those savings through the elimination of guaranteed lending or through less drastic changes to the student-loan programs.

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Mortgage Loan Restructuring Legislation to help rescue homeowners from foreclosure DEFEATED in the US Senate

THE ISSUE:
In the United States today one home is foreclosed upon every thirteen seconds. Home foreclosures have hit the African American community especially hard: for decades predatory, sub-prime loans (which have led to many of the foreclosures) were targeted at African Americans and other racial and ethnic minorities. In 2006 and 2007, at least half of all the home loans sold to African-Americans and at least 40% of all the home loans that Latinos received where subprime. These disparities occurred even when people of color had similar qualifications to white applicants. It has been reported that communities of color will lose an estimated $213 billion of wealth as the result of foreclosures due to abusive subprime lending. For this reason predatory lending and home foreclosures have been and continue to be a major civil rights issue in America today.

We clearly need a multi-pronged approach to solving our Nation's foreclosure crisis and getting many of these homeowners into sustainable, long-term mortgages that accurately reflect the true market price of the home. One way to do this, at no cost to U.S. taxpayers, is to enact a minor reform of our nation's bankruptcy laws. Currently, if an individual files for bankruptcy, a judge cannot require a financial institution which is foreclosing on that person's home to renegotiate the loan to attempt to make it more reasonable and sustainable so that the person, and their family, can stay in their home. The subprime lenders who created this foreclosure crisis are able to seek relief through bankruptcy as well as investors, but homeowners trying to save their primary residence cannot.

Senator Richard Durbin (IL), who has been a long-time champion of this issue, offered an amendment to allow judges to require loan modifications. His proposal was defeated by a margin of 45 yeas to 51 nays on Thursday, April 30 2009. (This provision had already passed the US House in early March 2009). Specifically, it would have closed the loophole and allowed impartial judges to require lenders to enter into loan modification negotiations with a person facing bankruptcy. Court supervised loan modifications are a major solution to help families avoid foreclosure while still paying a market-rate mortgage for their home. It is estimated that if enacted this legislation could have reduced coming foreclosures by 20% -- amounting to 1.8 million homes at no additional cost to taxpayers or investors.

Many foreclosures today could be avoided, although this is not happening because we are currently relying on lenders to voluntarily enter into modification negotiations. As a result, only 3.5 percent of delinquent subprime loans received modifications in August 2008. Clearly, current voluntary efforts to avoid foreclosures are insufficient, and we need to give judges who are dealing with homeowners facing foreclosure more power.

Many of the impending foreclosures are unnecessary because the homeowner could afford to pay a market rate mortgage, for the full current value of the house – an outcome that is far preferable to foreclosure for homeowner and mortgage lender alike. All the lender would have to do is to modify the loan to make it economically rational, and sustainable. The Durbin amendment would have resulted in more mortgage modifications and fewer foreclosures, and would have been a key tool in stemming the foreclosure crisis.

CLICK HERE TO SEE HOW YOUR ELECTED REPRESENTATIVE VOTED  

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