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Jewish World Review August 9, 2010 / 29 Menachem-Av 5770 Obama's zealous civil rights enforcer gets busy By Byron York http://www.JewishWorldReview.com | "I love this job," said Thomas Perez, the hard-charging head of the Justice Department's Civil Rights Division, in a speech last December to the liberal legal group American Constitution Society. "We have a very broad, a very ambitious vision. It's a very exciting vision, and I wake up every morning with a hop in my step." There's no doubt Tom Perez is hopping a lot these days. Of all the transformations that have taken place in the Obama administration, perhaps none is so radical as that within the Civil Rights Division. Under Perez, it is bigger, richer and more aggressive than ever, with a far more expansive view of its authority than at any time in recent history. Perez is playing a leading role in the Justice Department's lawsuit against Arizona's new immigration law. He is promising a huge increase in prosecution of alleged hate crimes. He vows to use "disparate impact theory" to pursue discrimination cases where there is no intent to discriminate but a difference in results, such as in test scores or mortgage lending, that Perez wants to change. He is even considering a crackdown on Web sites on the theory that the Internet is a "public accommodation" as defined by the Americans with Disabilities Act. To do all this, Perez has come up with some novel ideas. For example, in a recent lending discrimination case, he forced the defendant -- who settled the case without admitting any wrongdoing -- to pay not only the alleged victims but to funnel $1 million to unrelated "qualified organizations" to conduct social programs. Perez is pushing just as hard on smaller issues. In a little-noticed move last year, he threatened several universities because they took part in an experimental program to allow students to use the Amazon Kindle for textbooks. At the time, the Kindle was not fully accessible to blind students, and under pressure from Perez the schools agreed not to offer the e-reader to any students until it was fully accessible to all. Perez is pursuing his goals with a lot of muscle, powered by a major appropriations increase in President Obama's 2010 budget. "I am going to be calling each and every one of you to recruit you, because we've got 102 new positions in our budget," Perez told the liberal lawyers last year. "One hundred and two people, when added to a base of 715 people. . . . that's a real opportunity to make a difference." Heading the Civil Rights Division is the opportunity of a lifetime for Perez. A former aide to the late Sen. Ted Kennedy, he was an activist and later a councilman in Montgomery County, Md., where he made a name for himself pushing in-state tuition and drivers' licenses for illegal immigrants. Now, he's on a much bigger stage. But his across-the-board activism troubles some who have a more restrained view of the role of federal prosecutors. Perez and his team "view civil rights enforcement from a perspective that they are doing 'justice' in a broad sense unrelated to the laws on the books," says Bob Driscoll, who served in a top position in the Bush Civil Rights Division. "They are advancing the cause of historical victims of discrimination, as well as new classes of people who are disfavored by some in society." As if to prove Driscoll's point, Perez sometimes speaks emotionally about the vast scope of his responsibility. The job of the Civil Rights Division, he says, is to bring light to Americans "living in the shadows." There are "our Muslim-American brothers and sisters subject to post-9/11 backlash" and "communities of color disproportionately affected by the subprime meltdown," and "LGBT brothers and sisters ... forced to confront discrimination" and "all too many children lacking quality education." And many, many more. That's a very big portfolio, especially when not all the problems in the world can be solved by a federal lawsuit. To Driscoll, the new Civil Rights Division is acting "more like a government-funded version of an advocacy group such as the ACLU or the NAACP Legal Defense Fund than like government lawyers who apply the facts to the law." At some point in the future, Perez's critics believe, Congress and the courts will rein in the division for overreaching and bringing unwarranted cases, as happened during the Clinton years. But that will come later, especially if Republicans win the House or Senate and can subject Perez and the Justice Department to serious oversight. For now, Thomas Perez is just getting started. Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. Comment on Byron York's column by clicking here. Previously: 08/02/10 A battle between Left and Right --- inside the GOP 07/26/10 GOP spoiling for fight over Berwick appointment 07/20/10 How long will the public tolerate Afghan war? 07/12/10 NASA's Muslim outreach: Al Jazeera told first 07/02/10 Legal complaint against Gore is detailed, credible 06/28/10 Obama and Dems heading for electoral disaster 06/21/10 Who told Obama drilling is ‘absolutely safe’? 06/14/10 Billions for ‘green jobs,’ whatever they are 06/07/10 Sestak a no-go for any job. So what was the deal? 05/31/10 As economic worries worsen, White House puts on the glitz 05/25/10 GOP dilemma: Fight Kagan, or go along? 05/11/10 Enforcing nation's immigration laws would be a bargain 05/03/10 How Obama could lose Arizona immigration battle 04/27/10 What's behind the anti-Tea Party hate narrative? 04/20/10 As government expands, beware the post-office example 04/19/10 Who wins in 2010? Good luck reading tea leaves 04/12/10 GOP Obamacare strategy: Try repeal, then cut 04/05/10 Obamacare was mainly aimed at redistributing wealth 03/30/10 Message to Dems: People still don't like Obamacare 03/23/10 The coming consequences of Obamacare 03/16/10 Marco Rubio and the Republicans who love him 03/15/10 GOP hopes town halls take health care off table 03/08/10 Dems turn risky health vote into manhood contest 03/01/10 Why Obama defies the public on health care 02/22/10 South Carolina mulls 2012: Romney? Palin? Huck? 02/16/10 GOP winning war over Miranda rights for terrorists 02/09/10 Who are the 300 terrorists held in U.S. prisons? 02/02/10 Is Obama dissatisfied with being president? 01/19/10 The Republican dilemma: Good Michael or Bad Michael? 01/12/10 Now the lawmakers are figuring out what they didn't know 01/05/10 GOP deserves blame for Democratic excesses 12/29/09 Dems' dreams of a blue West begin to turn red 12/22/09 Why Dems push health care, even if it kills them 11/30/09 Dems' kamikaze mission: Health care by New Year's 11/23/09 Why it's a mistake to bring Gitmo prisoners here 11/16/09 Dems' slick fix: $210 billion of fiscal restraint 11/10/09 Obama can't be community organizer for the world 11/02/09 At key moment, Obama leaves health post unfilled 10/26/09 ‘Fierce urgency' for jobs, not health care’ 10/12/09 Facts hurt Jennings in youth sex controversy 10/05/09 Amid terror threat, Dems chip away at Patriot Act 09/27/09 In Afghanistan, let U.S. troops be warriors 09/21/09 Under fire, Democrats abandon ACORN in drove 09/14/09 Dems stifle Republican health care plans 09/08/09 For Dems, a serious Charlie Rangel problem 09/07/09 Obama's speech: Wrong setting for a sales job 09/01/09 What happened to the antiwar movement? 08/24/09 Why Dems may jam through health care plan 08/17/09 GOP thinks the unthinkable: Victory in 2010 08/10/09 The empty words of a journalist turned flack 08/03/09 Probe finds new clues in AmeriCorps IG scandal 07/27/09 Obamacare haunted by unkept promises of stimulus 07/20/09 Why the GOP failed the Sotomayor test 07/13/09 What the GOPers will ask Sotomayor 06/29/09 Serious questions remain for Mark Sanford 06/22/09 How GOPers can crack the AmeriCorps scandal 06/16/09 Worried about Sotomayor? Consider Andre Davis 06/08/09 Can Mitch Daniels save the GOP? 06/01/09 When the Dems derailed a Latino nominee 05/26/09 Why the GOP will defeat Obama on healthcare 05/19/09 Rosy report can't hide stimulus problems 05/12/09 The Reagan legacy is the man himself 05/05/09 Sen. Specter, meet your new friends 04/27/09 Ted Olson: ‘Torture’ probes will never end 04/20/09 Who's Laughing at the ‘Axis of Evil’ today? 04/14/09 Congress needs Google to track stimulus money 04/06/09 Beyond AIG: A bill to let Big Government set your salary 03/30/09 On Spending and the Deficit, McCain Was Right 03/24/09 It's Obama's crisis now 03/17/09: Geithner-Obama economics: A joke that's not funny © 2009, NEA

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