Wrong for Civil Rights

By Susan Eaton

This article appeared in the January 10, 2005 edition of The Nation.

December 22, 2004

When Mary Frances Berry resigned as chair of the Commission on Civil Rights on December 7, the media's harsh, fleeting spotlight on Berry's purported combativeness distracted readers from the real--bad--news: George W. Bush's appointment of Gerald Reynolds as Berry's successor. Reynolds, 41, a Kansas City energy company lawyer, had fifteen minutes of fame almost three years ago when Bush nominated him as assistant secretary of education for civil rights. Civil rights groups and advocates for women and for the disabled protested, appalled at the thought of Reynolds--fierce opponent of affirmative action, critic of the gender-equity law Title IX and of the Americans With Disabilities Act, and unqualified by any measure--occupying a visible civil rights enforcement post. But in March 2002 Bush made an end run around the confirmation process and appointed Reynolds while Congress was in recess.

Reynolds's term at the Education Department expired in 2003. Bush avoided a reappointment fight, stored Reynolds in the Justice Department and then Reynolds returned to Kansas City to work, as he had before, as an energy company lawyer.

Gerald Reynolds has never litigated a civil rights case. Nor has he ever held an academic appointment in law, public policy or education. He possesses no record of scholarship on matters of jurisprudence, education or social policy. He has no sustained professional work experience in public education or in high-poverty communities. What he does have: a long history of calling civil rights leaders names while attacking civil rights laws and policies.

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About Susan Eaton

Susan Eaton is the author, most recently, of The Other Boston Busing Story (Yale). She is also the co-author, with Gary Orfield, of Dismantling Desegregation (New Press). Her book about a landmark desegregation case and a classroom in Hartford, Connecticut, is forthcoming from Algonquin Books. more...
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