The financial company Fearless Fund Management decided to announce a contest for business funding that would not be open to anyone but black women. They were sued by The American Alliance for Equal Rights on behalf of three people who were not black women.
The 11th Circuit panel struck down the racist policy 2-1, with the far-left judge on the panel dissenting based on the claim these potential candidates were “flopping,” and they never intended on applying in the first place. That judge was Robin Rosenbaum, who made it clear in the dissent this she has no business being in any government office. She was nominated by the far-left anti-American president, Barack Hussein Obama.
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Excerpt from pjmedia.com
A three-judge panel of the 11th Circuit U.S. Court of Appeals recently threw a wrench into the blatantly discriminatory practices of big money corporate interests. In American Alliance for Equal Rights v. Fearless Fund Management, over a bizarre dissent by Judge Robin Rosenbaum, Judges Kevin Newsom and Robert Luck upheld an injunction against a venture capital fund with tens of millions of dollars in assets that gives money only to businesses owned by black women. Nobody else is eligible to even apply.
The plaintiff, The American Alliance for Equal Rights, sued on behalf of three of its members—business owners who are not black women and who are, therefore, not allowed to compete in Fearless Fund Management’s funding process. Fearless Fund was apparently fearless about violating anti-discrimination laws.
The threshold question was whether the Alliance had standing to sue on behalf of its members. Each member provided an affidavit showing that they are “able and ready” to participate in Fearless Fund’s competition, meet all prerequisites but the racial one, and have concrete plans to use the funds they would get to build up their businesses if they weren’t racially excluded.
That is all that is required to establish standing according to Judges Newsom and Luck, and they are correct – these business owners have an obvious claim since they are explicitly excluded from even applying for the $20,000 in venture capital offered by Fearless in its grant contest.
Yes, Fearless Fund discriminates against Alliance members because of their race, but that isn’t enough to establish standing, according to Judge Rosenbaum, an Obama appointee. In her dissent, Rosenbaum accused the Alliance of “flopping”—that is, faking an injury the way soccer players do by flopping on the field– “to manipulate the referee into inappropriately exercising his power to award a penalty kick in the box.”
That’s a strange position to take in the 21st century because, by Rosenbaum’s illogic, members of the NAACP who during Jim Crow avoided hotels, restaurants, and buses where they knew they’d be turned away would be “flopping” because they didn’t go in and get turned away. This retrograde view of civil rights ignores that, as Justice Brett Kavanaugh put it recently, “discrimination is harm.” It would also force victims of discrimination into humiliating and even potentially dangerous situations before letting them seek justice.
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