Liberal states and liberal judges are attacking the foundations of property, conscience, and religious liberty rights. More than ever before, we need the two political branches of the federal government to stand up against the “bake the cake” fascism being deployed against employers, business owners, private institutions, and individuals. Yet, Trump just re-nominated Chai Feldblum, Obama’s most radical sexual identity movement leader, for another term as commissioner of the Equal Employment Opportunity Commission (EEOC), which is a powerful and dangerous “independent agency” hurting our society.
The EEOC is perhaps one of the worst of the independent “fourth branch of government” agencies within the Executive Branch. The same power the Consumer Financial Protection Bureau (CFPB) wields over financial institutions, the EEOC wields over property rights, societal norms, and discrimination laws. It holds unconstitutional quasi-legislative and quasi-judicial powers to trump up and adjudicate charges against businesses and colleges over quotas and discrimination.
Unfortunately, like many civil rights-era laws and agencies that were originally designed to protect inalienable rights, the EEOC has become a tool for infringing on inalienable rights in service of phantom rights. They are the tip of the spear of the radical racial and sexual identity movements, creating super classes of Americans and unequal rights under the guise of promoting equality. Whether it’s quotas, contracting, or forced service for gay weddings, they apply the laws unequally for classes of citizens loved by the American Left at the expense of the classes out of favor with the political elites. Thus, they will force Christian business owners to serve gay weddings with their own property but then assert religious liberty privileges on behalf of Muslim employees seeking to force unreasonable accommodations (such as Muslim truck drivers refusing to deliver beer) on other people’s private property.
The EEOC has five commissioners and is the type of agency for which, if we will not abolish it, we need someone like Scott Garrett at the Export-Import Bank or Scott Pruitt at EPA to run it. In other words, we need someone who opposes the agency’s entire agenda from top to bottom. Instead, Trump re-nominated Chai Feldblum for another term. Feldblum was appointed to the EEOC by Obama in 2009 and re-nominated in 2013. Almost every Republican opposed her nomination in 2013, and conservative groups were up in arms. She is the lead architect of Obama’s transgender agenda, mandating that schools and states bring one gender into private dressing rooms of the opposite gender. Under her tenure, the EEOC has codified the entire sexual alphabet soup agenda, including “sex stereotyping,” into the Civil Rights Act without approval from Congress. An “independent” agency, indeed!
Feldblum believes that every time the sexual identity and homosexual movements come into conflict with private property rights and religious liberty, property rights and religious liberty lose. This comes at a particularly dangerous time, as the EEOC is bringing a number of lawsuits encouraging the courts to enshrine the sexual identity agenda into Title IX of the Education Amendments and Title VII of the Civil Rights Act.
We need a conservative, now, to lead the EEOC and push back against the radical courts, not maintain Obama’s personnel to encourage the courts to be even more radical.
It is unclear if the president himself is aware of this nomination, but clearly some staffers in the White House are rushing this nomination as part of a deal to get their people on the commission, as first reported by Paul Mirengoff of Powerline.
Defenders of this move are asserting that the re-nomination of Feldblum is in exchange for the nomination of two Republicans to the commission, Janet Dhillon and Daniel Gade. They assert that because there must be at least two Democrats on the five-member panel anyway, they’d have to nominate a Democrat for Feldblum’s seat, and at least this way, they get a 3-2 majority.
This overlooks the fact that Republicans control the Senate. They will get their people confirmed anyway, especially because there is nothing controversial about the GOP nominees. This also overlooks the fact that the ability and desire of GOP commissioners to aggressively promote good policies are not equal to someone as skilled and extreme as Feldblum on the other side. It would be better to appoint a random Democrat in her place. Nothing personal to Dhillon and Gade, but nothing suggests that they are conservative culture warriors to the degree that Feldblum is a liberal cultural warrior. This is neither an equal nor a necessary trade. As Christian Adams notes, Feldblum is worth three Republicans to the Left.
Feldblum’s nomination has already been fast-tracked through the process. The relevant committee, the Senate Health, Education, Labor, and Pensions Committee, will likely approve her because RINO Sens. Susan Collins and Lisa Murkowski sit on the panel.
The president should be made aware of this nomination. He should already be sensitive to the problems of retaining administration officials who thwart his agenda. The last thing he should do is re-nominate any Obama appointee for dog catcher, much less for a position that so gravely affects the fabric of our society.
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.