The Korean War by Indy Neidell
Published 21 Apr 2026UN Command completes its screening of the 170,000 military and civilian POWs they hold to see how many of them would violently resist repatriation, and it turns out it’s most of them. The Communists are furious. This cannot be good for the armistice negotiations. We also take a look at the defense possibilities the Marines have in their new positions and which Chinese forces oppose them.
00:00 Intro
00:55 Recap
01:32 POW Screening
07:26 The Marines
08:56 The Chinese
13:37 Summary
13:53 Conclusion
April 22, 2026
The Korean War Week 96: Korean Marines Leapfrog the Han – April 21, 1952
Reflections on the life extension of the A-10 – “we ought to be seriously looking at building an A11”
On the social media site formerly known as Twitter, ESR admits that there clearly still is a role for the “Warthog” in modern combat … under the right conditions:
Gotta admit I’ve changed my mind about this. I was in the camp that loved the Hog but was grudgingly prepared to concede that its time had passed — not survivable in a modern threat environment stiff with drones and MANPADs.
But damned if the A-10 didn’t turn out to be an effective tool against small-boat swarms in the Straits of Hormuz. And not so expensive to fly or ammo up that you end up with a nasty shot-exchange problem either — not something you can say for putting the F-35 on that job.
The Hog has demonstrated that there is still a tier of missions in between the envelope of an attack helicopter and a fast fighter for which the Hog is excellently fitted. Still. In 2026.
Of course you need to have done SEAD to lower the odds that it will be popped by competent air defense, but the US Air Force is very good at that mission. As it keeps demonstrating.
I was wrong. The Hog deserves its extension. And we ought to be seriously looking at building an A11. Maybe not a manned A11, but a functionally similar instrument with a big fucking gun and the ability to fly low and slow and loiter on a patrol area.
In conclusion: “Let me sing you the song of my people: BRRRRRRRRRT.”
April 20, 2026
Airline deregulation in the 1970s
The end result — democratizing air travel and enabling far more people to economically travel long distances — also meant that air travel became far more casual (people no longer dressed “properly” for flights) and economy flights began to more closely resemble long-distance buses, but overall it was a win:
The Airline Deregulation Act of 1978 stands as one of the most spectacular vindications of free market principles in modern American history. Before deregulation, the Civil Aeronautics Board controlled every aspect of commercial aviation: routes, schedules, and most critically, prices. Flying remained a luxury reserved for the wealthy elite, with fares artificially inflated by regulatory capture and government-sanctioned cartels.
Within a decade of deregulation, average airfares plummeted by 50% in real terms. The number of passengers more than doubled from 250 million in 1978 to over 500 million by 1990. New airlines like Southwest and JetBlue emerged with innovative business models that prioritized efficiency over bureaucratic compliance. Routes previously deemed “unprofitable” by government planners suddenly thrived under competitive pressure.
The regulatory regime had created exactly what free-market theory predicts: artificial scarcity, price distortions, and a complete disconnection from consumer preferences. Airlines competed on amenities instead of price because the CAB fixed fares at monopoly levels. They served cocktails and full meals while ordinary Americans couldn’t afford tickets. The moment government stepped aside, entrepreneurs discovered countless ways to serve previously ignored market segments.
Critics warned that deregulation would compromise safety and create chaos. Instead, aviation safety improved dramatically as airlines faced real liability for accidents and insurance companies imposed rigorous standards. Competition forced operational excellence in ways bureaucratic oversight never could. Hub-and-spoke networks emerged organically, maximizing efficiency without central planning.
The contrast couldn’t be starker: decades of stagnation under regulatory control versus explosive innovation and democratization under market freedom.
Yet the same politicians who celebrate affordable air travel continue strangling other industries with identical regulatory schemes.
April 19, 2026
Simple rules for judging commentary on the Iran situation
You’ve probably noticed that I don’t include a lot of content on Iran or Ukraine these days. That’s largely because the fog of war propaganda is too dense for much reliable information to come to us and be subject to any kind of fair analysis. Lorenzo Warby has a few rules to suggest to those of you trying to sift real information out of the noise — both specifically on the Iran conflict and also more generally for these kinds of low-signal/high-noise conflicts:
There is a lot of poor quality commentary about on the current Iran War — or, as the Chinese call it, the War in West Asia. Fortunately, there are two simple tests that winnows out much of the noise so you can focus on signal.
Locations struck by:
– United States and Israel (blue)
– Iran, Hezbollah, Houthis, and PMF (red)First Easy Test
Would this commentator ever admit that Trump had done something positive?
If the answer is no, ignore them. They are not commenting on the War, they are commenting on Trump. They are just providing anti-Trump talking points for this particular issue.
Second Easy Test
Does this commentator pay any attention to the record of the Islamic Regime? Its record of domestic repression, including various mass executions and mass killings of protesters? Its record in supporting and constructing proxies: in Lebanon, in Gaza, in Yemen, in Iraq, in Syria, in …? The record of those proxies and how they disrupt and degrade those countries? Its record in promoting terrorism across the globe? Its record in massive economic and environmental dysfunction …?
If the answer is no, ignore them. This is especially so if what they do comment on is Israel. They are not commenting on the War, they are commenting on Trump and on Israel. They are just providing anti-Trump, anti-Israel talking points for this particular issue.
The more of a regime of internal exploitation the Islamic Regime has become, the more it has built up its proxy forces. The more it built up its proxy forces, the more disruptive and destructive it has become.
[…]
Third, More Subtle, Test
The third test is about how wars work. Does the commentator understand that good strategy in war is a decision-tree? If you do X and Y happens, then follow up with Z. If you do X and A happens, follow up with B.
If they do not understand that, if they treat successful war strategy as being able to operate according to some plan so what the opponent does in response to it does not matter, then they do not understand war, and you can ignore them.
A classic way to fail in military affairs, is to not treat military action as a decision-tree, but to continue with the previous plan of action despite some crucial change in circumstances.
April 18, 2026
The First M60 Prototype: FG42 + MG42 = T44
Forgotten Weapons
Published 1 Dec 2025The FG-42 caught the attention of a lot of countries at the end of World War Two. The British and Swiss both used it as the starting point for some developments. The US went one step simpler, and simply cut up a captured FG-42 to make into the T44, the first prototype of what would become the M60 machine gun.
This project was done in 1946 by the Bridge Tool & Die Company, who spent about six months reinforcing an FG42 and adding an MG42 feed system to it to create an unholy hybrid kludge of a gun. It was, however, successful enough to justify continuing the project. Only this one example was made before moving on to much more practical models built from the ground up instead of hacking up captured German guns.
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QotD: Democratic versus Republican Senators
A few years ago, Democratic Senator Kyrsten Sinema provoked the rage of progressive activists by occasionally having an independent thought, voting with her caucus on “party unity votes” only 96% of the time. Senator Joe Manchin caused comparable disgust by joining his party in those votes only 92% of the time. Sinema and Manchin were EVIL MONSTERS, and progressive activists showed up at their public events to scream at them.
Sinema eventually left the Democratic Party, declaring herself an independent, because a disgusting heretic couldn’t remain in a party that she only agreed with 96% of the time. Burn the witch, Democrats explained.
The descent of the Democratic Party into a state of increasingly obvious group psychosis is a product of the absence of internal debate, and of the degree to which Democratic legislators wholeheartedly believe that their job is to hold up their hands in unison whenever their party leaders tell them to. They can’t talk themselves out of their madness — they don’t know how. They don’t have the cultural habit of thought. Watch someone like Chris Murphy speak, and ask yourself if there’s a person inside there. I find myself unable to say yes to that question. He will read anything that is put on that teleprompter, and I mean an-y-th-ing.
By comparison, the Republican legislative habit of wandering around like the residents of a feline daycare center is a strength, and the presence of independent thought in the GOP’s legislative caucuses makes the party relatively sane. The presence of a Rand Paul, refusing to get on board, is more a good thing than a bad thing. The culture of debate is healthier than the behavior of the North Korean legislature or Tina Smith, soulless human robots.
Chris Bray, “The Greatest Republican Strength is the Greatest Republican Weakness, Again”, Tell Me How This Ends, 2026-01-15.
April 16, 2026
Never say that teachers have no influence
Of course, that influence isn’t always benign:
It’s true, every halfway intelligent right winger I know irl had a massive conflict with at least one elementary teacher over things like: reading ahead, reading too difficult books, not showing enough work, etc etc. it’s the first time we experience the uncaring tyranny of state bureaucracy and it sucks.
April 15, 2026
The Korean War Week 95: TWO THIRDS of POWs Refuse Repatriation – April 14, 1952
The Korean War by Indy Neidell
Published 14 Apr 2026US Marines begin to make contact with their Communist Chinese adversaries in their new position in the west of Korea, but a more insidious issue is beginning to threaten the UN war effort: dwindling stockpiles of ammunition. In fact, two-thirds of the US army’s procurement budget is going exclusively to ammunition, but production lag — the time between paying for something and actually getting it — is putting Eighth Army operations at risk. Elsewhere, POW screening begins, with results that might throw a wrench into the painstakingly negotiated armistice terms back at Panmunjom.
00:00 Hook
00:59 Recap
01:51 POW Screening
05:49 Ammunition
10:46 Marine Operations
14:07 Summary
14:57 Conclusion
(more…)
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April 14, 2026
Bureaucrats often prefer regulations to taxes, because the costs are “hidden”
In Reason, J.D. Tuccille discusses the hidden impact of “red tape” on the economy — just because the government isn’t getting a cheque doesn’t mean that compliance is free:
President Trump prepares to cut a “red tape” display of regulations representative of 1960 and compared to the current numbers of regulations, Thursday, December 14, 2017, in the Roosevelt Room at the White House, announcing how the administration is keeping its promise to remove regulations burdening job creators and American taxpayers.
White House photo via Wikimedia Commons.
Anybody who runs a business or engages in regulated activities knows that government red tape imposes a significant burden. Those burdens can be very high, deterring entrepreneurs from launching companies, restraining the growth of those that already exist, and driving some people to operate illegally rather than try to deal with an administrative state that specializes in obstructionism. But just how much do federal regulations cost us? A new report from the Competitive Enterprise Institute (CEI) tries to tally the price tag — and warns that Washington, D.C. needs major reform.
The Out-of-Control Regulatory State
That the regulatory state is out of control isn’t really a debatable point. The Federal Register lists 445 agencies with the legal authority to publish regulations. Forbes noted that “federal departments, agencies, and commissions issued 3,853 rules in 2016, while Congress passed and the president signed 214 bills into law”. In May of last year, the White House acknowledged that “the United States is drastically overregulated” and that “the Code of Federal Regulations contains over 48,000 sections, stretching over 175,000 pages … Worse, many carry potential criminal penalties for violations.”
[…]
Compliance Costs Strangle the Economy
“Just as consumers shoulder much of the corporate income tax and tariff burden, regulatory compliance costs and mandates borne by businesses percolate through the economy and materialize as higher prices, lost jobs, and lower output,” writes Crews. “Off-budget regulatory costs can drag down the economy, just as overspending can.”
If you balk at the idea that federal regulations impose costs of over $2 trillion on Americans, you should be aware that CEI is restrained in its assessment. As the report points out, other sources assign even higher price tags to regulatory burdens. Three years ago, the National Association of Manufacturers (NAM) estimated that “the total cost of federal regulations in 2022 is an estimated $3.079 trillion (in 2023 dollars), an amount equal to 12% of U.S. GDP”. That NAM report added that “the annual cost burden for an average U.S. firm is $277,000, the equivalent of 19% of the average firm’s payroll expenses”. For manufacturers with fewer than 50 employees, the NAM put regulatory compliance costs at $50,100 per employee per year.
Compliance costs aren’t expressed in only monetary terms, they also require time and effort. According to the Office of Management and Budget, for Americans supplying required information to federal agencies “in FY2022, the total paperwork burden … was 10.34 billion hours, compared to 9.97 billion hours in FY2021”.
Of course, not everyone is equally impacted by government regulations. Generally speaking, the smaller the company, the harder it is to comply with all the relevant rules, so big companies often end up supporting demands for more regulation because it handicaps smaller competitors to a much greater degree.
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QotD: Holden Caulfield
Anyway, the point is, you name your kid “Holden” and what can you expect? The Catcher in the Rye is the greatest dickhead-identification device known to man. Even pretentious little snots in desperate need of a beating — I speak from experience here — think Holden Caulfield was a pretentious little snot in desperate need of a beating. It’s a 100% true scientific fact that the only people who liked The Catcher in the Rye are so repulsive to ordinary humans that they have no choice but to become high school English teachers, or go to work for the Washington Post.
I even once got linked on a site called “Kiwi Farms”, that seems to consist of nothing but Internet People making fun of other Internet People, and they all agreed with me (also with my interpretation of MTV’s Daria as “the female Holden Caulfield”, although that show took the piss out of itself more than once, and had actual human affection for its characters, and thus was actually pretty good (although of course serving the Catcher-esque function of mate sorting — if you met a girl who identified with it, run far far far away). I know, I know … MTV. And late-90s MTV, too, the guys who gave us both The Real World and Road Rules. Yeah, I’m scared too).
Anyway, though I think The Catcher in the Rye is the worst book ever written, and anyone who liked it should be beaten with the entire Jack Reacher series until their serum testosterone raises at least 300 points or whatever, I’m willing to hear other opinions: Is there in fact a worse book? Not in terms of writing etc. — even I have to admit that it’s not technically bad — but in terms of influence?
Severian, “Alt Thread: Worst Books Ever”, Founding Questions, 2022-06-10.
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April 13, 2026
Trump is behind the falling population of LA County!
Chris Bray walks us through the tortured logic that leads the venerable Los Angeles Times to attribute the demographic slide evident in Los Angeles County to the Bad Orange Man:
Los Angeles County is bleeding people, sliding into population decline faster than anywhere else in the country. But don’t worry, the local newspaper is on the case!
Screenshot
After a careful examination of the matter, the Los Angeles Times is able to assign blame to — wait for it! — a certain VERY BAD ORANGE MAN.
While conservative critics of L.A. have rushed to frame the population loss as a “mass exodus” of people fleeing rampant crime, high taxes and inadequate services, the reality is more complex.
Los Angeles is by far the nation’s largest county, with 9.7 million people — nearly double the next largest, Cook County, Ill. In that sense, it’s not surprising that it saw a severe drop in population after the Trump administration rolled out a flurry of executive orders and new legislation aimed at restricting immigration. L.A. County is a historic hub for immigrants from Latin America and Asia, and a place where 1 in 3 residents is an immigrant.
If you read the story, you’ll see the name Trump several times, like a coven chanting the name of an enemy around the caldron. But definitely for sure don’t listen to those bizarre right-wing conspiracy theories about “high taxes and inadequate services”, noooooooo, that’s a huge lie, trust the wisdom of the local newspaper.
After a large and historic neighborhood ceased to exist because of a wildfire that rekindled after the Los Angeles Fire Department didn’t fully extinguish an earlier fire in dense, dry hillside brush, CNN produced a long story on the disaster of the city’s firefighter staffing. Small sample, describing a memorandum from then-Fire Chief Kristin Crowley: “In the memo, which the city has since removed from its website, Crowley wrote that the city’s population had grown from about 2.5 million in 1960 to nearly 4 million in 2020. Yet the city has fewer fire stations today than it did back then, even as firefighters respond to a call volume that has quadrupled.”
A little less than a year and a half after that fire, the Los Angeles Police Department looks like this:
The last time a mean old white male Republican was the mayor, which is very bad and hateful, the city built up the police department, with a goal of having 10,000 officers. They actually hit that number in 2013, during the opening moments of the reign of Mayor Yogapants, then began shrinking soon after. Now we have very wise and progressive leaders, so the city is good.
[…]
So taxes are soaring, fire and police staffing are down, fat dumb communists want to crush basic city services a lot more to free up plenty of social justice cash, and some MEAN RIGHT-WING CONSPIRACY THEORISTS bizarrely claim that people are leaving Los Angeles because they pay high taxes for increasingly poor services. My goodness, these people will just believe anything! OBVIOUSLY WHAT’S REALLY HAPPENING IS THAT DONALD TRUMP IS VERY BAD, the professional journalists explained.
April 11, 2026
Declining educational standards are now “a civilizational catastrophe”
On the social media site formerly known as Twitter, Brandon Zicha points out that the declining educational standards across the west are now to the point of “a civilizational catastrophe”:
A student today at my elite university admitted to me today that she took a class so she could work on reading for more than 20 minutes at a time. She can’t read. She mainly skims and summarizes, she says and still gets A’s.
This student is, by professional standards, illiterate. Gonna have high GPA when she graduates.
This conversation was had after 6 of 22 students dropped my course because the maximum reading per week in one week was over 100 pages.
What people aren’t grasping is that this is literally *dangerous*. These people are going to be come doctors, engineers, etc. They are — by any metric — vastly less capable than prior generations. These effects are cumulative over a lifetime.
This grade inflation is part of the problem, but not even close to the entirety. And the problem obviously starts in K-12.
Students don’t know history because, you can’t actually become historically literate on the advice of “never assign more than 30 pages a week”. You can’t develop any of the skills that came with literacy. This is, quite honestly, a civilizational catastrophe.
Another student who seemed really interested in history … confirmed he was … but doesn’t read. He watches Youtube …
… which explained how the conversation went after when I pressed further.
I coteach a class with a colleague … but I am lead … for the past 15 years. I was discussing complaints from students and he pointed out that we have reduced the difficulty and load every 3 years or so since the beginning, and we probably have to stop.
I agreed. But, the students were absolutely irate, and complained about how it left them no time to “reflect” … a load about 30% less than when the course started.
That is an objective decline in ability.
Honestly, I hadn’t even noticed until he pointed it out. It was just incremental.
Changed how I approach teaching.
A good colleague is worth a thousand teaching development seminars.
(quick note … most of those 6 dropped for this reason … not each one … there was a double booking or two)
I feel like I need to point out that the student in the original tweet is a model of *what to do*.
This student is the hero of my tale, but is overcoming something they should not have to, and that is disasterous if it is as widespread as it seems it may be, and they aren’t all similarly driven.
This student? The hero.
Not a dunk.
Another clarification:
I’m a small account here … Didn’t expect the affection.
The student is literate. Not a professional university level (or what it’s ever been).
It was hurried poor phrasing.
The student seems aware that their reading retention and scope is not what it should be … And is addressing it!
Summarizing:
The concern isn’t my (actually heroic) student, but the trend that student is tackling under her own steam …
I routinely here professors complaining about students who:
1.) Can’t or won’t read at levels we have never seen.
2.) When they do, their ability to connect between texts and evaluate is poor. Indeed, grasping the text is not great. It’s increasingly the norm, and it used to be the opposite.
3.) They struggle to reason, honestly.
4.) Most weirdly, we struggle to talk about “reflecting on ones ideas”. They often struggle to understand *what that means*. This suddenly started where students didn’t understand what this meant.
5.) They have declining writing skills.
6.) They have lower interest in ideas
7.) They are less sophisticated in their ability to manipulate ideas
8.) They are much worse on many of the metrics associated with high level reading ability.At the same time
1.) Study times have declined.
2.) Assigned workloads have declined a great deal
2.) Hiring employer complaints about graduate quality hasdeclinedincreased continually.
3.) Grades have remained the same or gone up.… in the past decades, but particularly the last decade to an alarming degree. This is not about one student’s situation, or whether or not one should be “readmaxxing” in college, reading 500 pages plus.
… and just look at the examples cited in this thread.
We have a major issue to address here, folks. Civilizational level issues. And, I genuinely don’t feel we are having the conversation we need to be having yet.
Update, 12 April: Welcome, Instapundit readers! Have a look around at some of my other posts you may find of interest. I send out a daily summary of posts here through my Substack – https://substack.com/@nicholasrusson that you can subscribe to if you’d like to be informed of new posts in the future.
Aussies & Tanks: The Story of Australian Armour
The Tank Museum
Published 30 Jan 2026Australia has always been an outlier when it comes to tanks. The first time Australians fought alongside tanks, it was such a disaster they almost gave up on the whole idea. And the first time they fought IN tanks, they were pinched from the enemy.
They’re the only Allied nation to reject the M4 Sherman. More than once, they’ve used their tanks very differently to how they were designed. Yet somehow, they’ve almost always been successful.
So, why do the Australians use tanks so differently to everybody else?
Join James and Fam as they explore the weird and wonderful ways that our Australian cousins have used their tanks. From captured tanks in the desert, to heavy metal in the jungle, the Aussie methods of armoured warfare have always seemed a little upside down from the outside.
While Australian interest in tanks has come and gone, when the need has arisen, the Australian tank force has been up to the challenge. Simply put, Australian soldiers usually use tanks differently because they usually fight differently. And despite long periods of neglect, tanks in the Australian Army always seem to find a way to bounce back.
00:00 | Introduction
00:36 | A Bad Start
03:44 | Tanks of their Own
06:19 | Welcome to the Jungle
11:07 | Lessons Relearned
13:53 | Defence of Australia
(more…)
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April 10, 2026
Trump’s intemperate, irresponsible, unhinged rants … worked?
For all that Trump’s habitual form of social media post seem to frequently dance on the edge of incoherence — if not insanity — his track record is far better than his critics give him credit for. I thought his most recent blustering threats against the Iranian leadership would be counter-productive, but something approximating a ceasefire began just before his deadline. As Brendan O’Neill put it, this gives Iranian civilization a bit of a reprieve, but what about the West?
Imagine calling for the destruction of a civilisation. Imagine dreaming about violently scrubbing an ancient nation from the face of the Earth. Imagine flirting with the idea of obliterating a land with thousands of years of rich history. I am referring, of course, to the activist class and its annihilationist hatred for the Jewish State. For nearly three years, these people have beat the streets and swarmed the digital networks to agitate for the erasure of Israel, all the way “from the river to the sea“. President Trump’s juvenile bluster on Iran has nothing on their existential loathing for the Jewish homeland.
The frenzy of the past 48 hours, following Trump’s potty-mouthed and threatening social-media posts about Iran, has felt unhinged. The nukes are coming, influencers wailed. Trump must be “removed as president” in order to “prevent a catastrophe that our species will never recover from”, said the Guardian‘s Owen Jones. Within hours of this giddy apocalypticism, this huddled descent of the chattering classes into the pit of End Times prophesying, Trump had done what many of us expected he would: struck a kind of deal. The great detonation was not of a nuclear bomb but of the common sense of the cultural establishment. That’s the only thing that got vaporised yesterday.
Then there was the sheer cant. It was Trump’s ominous yelp that “A whole civilisation will die tonight” that got leftists and liberals frothing. It’s genocidal lunacy, they said. Let’s leave to one side that the target of his digital ire appeared to be the Islamic Republic, not Persia. “Forty-seven years of extortion, corruption and death will finally end”, he said. The more striking thing is the industrial-level gall of a cultural elite that is devoted to the dismantling of Israel, puffing itself up in fury over Trump’s hyperbole on Iran.
I agree that “A whole civilisation will die tonight” is a chilling thing to say. That’s why I’m so horrified by the frenzied anti-Zionism of our times. Our intellectual classes furiously deny Israel’s “right to exist”. Our activist classes openly call for Israel’s excision from the family of nations, by intifada (violence) if necessary. Our celebrity classes cheer the armies of anti-Semites (Hamas, Hezbollah) that were founded with the express intention of vaporising the Jewish nation. One minute the keffiyeh set is accusing the likes of Pete Hegseth of being in the grip of an anti-Iranian “bloodthirst”, the next it’s chanting for the death of the Jewish nation’s soldiers.
Future historians will marvel at the brass neck of an influencer class that took 24 hours off from calling for the destruction of Israel to bash Trump for posting about the destruction of Iran. I raise this not to be facetious but to draw attention to the moral disarray here on the home front that has been so spectacularly exposed by events in Iran. For it is undeniable now – we are surrounded by people who salivate over the violent disappearance of Israel but who fret over the withering of the Islamic Republic. They have taken sides – the side of the barbarous regime that dreams of “Death to America” over the side of the democratic state rebuilt by Jews in the aftermath of the Holocaust. I’m delighted the Persian civilisation is safe – now what about the West’s?
April 9, 2026
The NFL’s “Rooney Rule”
As the NFL in its modern incarnation exists as an exception to the normal rules governing corporate structure under US law, you can readily imagine that the NFL’s legal teams are extremely sensitive to the changing winds at the federal level. At a time that the federal government was emphasizing providing employment equity, the NFL scrambled to implement a hiring solution that gave black coaches a better chance of being hired for head coaching opportunities. The winds have shifted recently and the NFL risks being caught on the wrong side of evolving legal decision-making:
In a recent interview with the New York Times, Tampa Bay Buccaneers head coach Todd Bowles said he “absolutely” believed that he was sometimes brought in by NFL teams just to check the “Rooney Rule” box.
The Rooney Rule is an NFL policy instituted more than two decades ago that requires teams to interview — though not to hire — at least one minority candidate when hiring new coaches.
The rule was designed to increase the number of minority head coaches in the NFL, a goal it has failed to achieve. For years, it has been a source of moral controversy, but new developments suggest it may now be a legal issue for the league.
Last week, Florida Attorney General James Uthmeier (R) sent a letter to the NFL calling the Rooney Rule “blatant race discrimination“, adding that hiring decisions should be based solely on merit.
Though the NFL says it believes its policy “is consistent with the law” and promotes fairness, others have indicated the Rooney Rule may be on the chopping block, given recent legal challenges to other forms of racial preferences.
“There’s no question that the environment has changed in recent years“, said Pittsburgh Steelers owner Art Rooney II, the son of Dan Rooney, for whom the rule is named. “We do have an obligation to make sure that our policies comply with the laws, whatever the law is, and whatever the changes in law might be.”
Art Rooney didn’t specify the laws the NFL may not be in compliance with, but he might have been referring to last year’s Supreme Court ruling in Ames v. Ohio Department of Youth Services. In that decision, the court unanimously ruled that separate standards for minority and majority plaintiffs seeking redress for racial discrimination were illegal.
The ruling undercut the ability of organizations to use race or sex in hiring decisions — even for ostensibly benign or diversity-promoting purposes — because majority-group plaintiffs are now allowed to sue under the same legal standard as minority groups.
As I wrote at the time, the Ames decision was likely to be a wrecking ball to diversity, equity, and inclusion initiatives, which employers had used for years to discriminate against majority ethnic groups (and non-focus minorities, such as Asians), in violation of Title VII of the Civil Rights Act.
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