Watch any cable new show panel discussing Donald Trump, including MSNBC this week, and quite predictably you will hear that Trump is a racist. The latest flap is over the judge overseeing the Trump University lawsuit. The judge is of Mexican heritage and Trump raised concerns as to whether the judge can be impartial based on Trump’s hard line stance against illegal immigration from Mexico.
“I’m building a wall. I’m trying to keep business out of Mexico.” Trump said. “He’s of Mexican heritage, and he’s very proud of it, as I am of where I come from.”
Is this about race? Or judicial fairness?
Regarding race, “Mexican” is not a race. In actuality, the federal government maintains five racial groupings – white, black, Hispanic, Asian, and American Indian/Hawaiian, completely divorced from any anthropological or scientific understanding of race. Mexican is counted by the feds as part of the Hispanic racial group, as are most residents of Central and South America, even though Mexicans racially are 60% Mestizo (mixed Amerindian/Spanish), 30% Amerindian, and 9% European in racial makeup. Trump made no mention of the judge being Hispanic or of any of the racial groups making up Mexico’s population, instead only of his Mexican ancestry. Perhaps a fine distinction, but a difference nonetheless.
Trump’s concern is instead about judicial impartiality. The judge in question, Gonzalo Curiel, is a member of the La Raza Lawyers of San Diego, a group that claims it is not affiliated with the National Council of La Raza, but which lists that group, strongly opposed to the Trump candidacy, on its website as part of its “community.” Even the US Supreme Court acknowledges selective justice based on race. The recently upended the death sentence of a black Georgia man convicted by an all-white jury. Meaning that race or ethnicity might prevent judicial fairness.
To be sure, Donald Trump could have spoken more carefully and clearly, instead of initially referring to Judge Curiel, born in the USA, as Mexican, and relying on his affiliations and his serving on a scholarship selection committee that chose an illegal alien to receive funding to attend law school. So why wouldn’t Donald Trump be concerned about the rule of law being applied fairly?
Because it often is not.