Supreme Court Declines to Hear Case Addressing Whether “Reverse Discrimination” is also Prohibited by Civil Rights Act of 1964

On this blessed Independence Day, I have a disappointing update on a legal case I’ve been covering. Had “B.W. [Brooks Warden] vs Austin Independent School District” been accepted by the Supreme Court, there might finally be clarity as to whether Title VI of the Civil Rights Act of 1964 prohibits racial discrimination against whites. For now, entities such as the AISD are free to continue engaging in racial animus based on a student’s skin color, so long as the student is white.

As I’ve written, Brooks’ parents, Brandi and Monte Warden, are personal friends of my wife and mine. When they notified me earlier this week that SCOTUS had denied certiorari, they were obviously disappointed, but their disappointment was also mixed with an equal and offsetting pronouncement of patriotism and faith. They stressed that ultimately all of this is in the hands of a higher power, and they also know that Brooks’ ordeal, and the legal path they pursued, will help chip away at the ugly 21st century version of state-sanctioned racism.

Our sacred Declaration of Independence acknowledges that we’re an imperfect Union, but we strive to to form a more perfect Union. Brooks’ and the Wardens’ legal battle will indeed help make this a more perfect Union. There are plenty of landmark cases for which there were preceding writs that were denied certiorari, but the pressure mounted until SCOTUS couldn't hide from the issue any longer. Brooks' case has paved the path for other cases to follow.

As I documented in my previous pieces in April and in June:

Among the abuses claimed by Brooks were a teacher calling him a racial slur; the Principal mocking Brooks and accusing him of listening to Dixie while wearing a headset; the Student Council President circulating a picture of Brooks as a Klansman; another student promising to kill Brooks and all Trump supporters; and a student beating Brooks up in a classroom while the teacher watched. That student is later alleged to have boasted about assaulting Brooks because of his race. As Brooks’ father documented, the Austin Independent School District never disputed or refuted any of this, they just chose to ignore the Wardens’ pleas to make it stop.

Aside from me, The Federalist has also been giving this case good coverage in conservative media, with articles published in February and in June.

Coverage has now broken out into the legacy media, with this surprisingly unbiased report from USA Today on the Supreme Court declining to take the case: “'Whitey' case: Texan cites racial harassment at school. What did Supreme Court say?”

The Austin Independent School District said Warden failed to show the alleged hostility was based on race, rather than his political views.

Isn’t it charming that a public school district is arguing that the persecution of one of its students is allowable so long as it’s because the student has the wrong political views, rather than because he has the wrong skin color. But the AISD seems to also understand that acknowledging the hostility Brooks endured with the school district’s acquiescence would get them into Title VI territory, thus their claim that racial slurs directed at Brooks were “political.”

But because the Supreme Court punted, there is still no clarity as to whether Title VI applies to non-minorities, meaning that the “right kind” of government-sponsored racial oppression is still not currently prohibited. We can therefore expect more awful stories like this one from earlier this week:

“Jewish Teen Hid in Locked Classroom as Anti-Semitic Mob Pounded on Door: Lawsuit” [Washington Free Beacon – 7/01/2025]

The incident was the culmination of anti-Semitic harassment the student, referred to in the complaint as M.K.L., had endured for months, leaving the now-15-year-old with "terrifying nightmares and flashbacks," the June 12 suit her parents filed against Seattle Public Schools alleges. School officials repeatedly failed to address the harassment and refused to turn over surveillance footage, according to the complaint.

By refusing to hear “B.W. vs A.I.S.D.,” the Supreme Court has given its acquiescence for Seattle Public Schools to allow a teenage Jewish girl to be terrorized on school property, and to allow Jewish and white children around the country to be similarly terrorized.

However, I believe that with more of these cases getting media attention, and with more lawsuits working their way through the legal system, the day will come when the Supreme Court finally puts a stop to reverse all racial discrimination, stating in effect, “Not on our watch. Not under our Constitution.” Brooks Warden has brought us closer to that day. God bless you, Brooks.

Despite all this, you cannot talk to the Wardens without them constantly reminding you of their many blessings, and one of them is that Monte Warden has been invited to perform at The Grand Ole Opry on Saturday August 16. To make it even more cool, Brooks is going to join him on stage to sing bass on a song or two.

Mrs. Throckmorton and I will be at the Opry that night cheering them on. If you’re in Nashville and happen to attend the Opry that night, I’ll be easy to find. Just look for the prettiest Yellow Rose in the Opry House. I’ll be the lucky guy sitting next to her.

Now, on to some Independence Day fun. Given today’s subject matter, I can’t think of a better way to celebrate our country than to re-post Monte Warden’s own birthday card to the USA that he sent to all of fans and followers:

The United States of America is the greatest nation in the history of the world. In our 249 years, no country has spread more liberty, prosperity, charity, ingenuity, opportunity, and dreams than this great and good nation. Of the individuals listed below, virtually every one of them were completely self-made and succeeded because of their talent, not their station. We are the most diverse, assimilated, multi-cultural, multi-religious, inclusive, interwoven, compassionate, tolerant, self-improving, and self-correcting nation in world history. Our Melting Pot is unique to mankind. No other nation has unceasingly sought to be ‘a more perfect union’.

American Exceptionalism? You bet your sweet ass: Rock 'n' Roll. Jazz. Sinatra. Chicken Fried Steak. Edison. Elvis. Ali. Special Olympics. Ray Charles. Martin, Gibson, and Fender Guitars. Ford. Chevy. Walt (Disney and Whitman). Alcoholics Anonymous. Mahalia. The Opry. Jonathan Winters. Carson. Skyscrapers. Gershwin. Sun, Motown, and Stax Records. Mattress Mack. Phonographs. Brando. Groucho. Movies. Marvel and DC Comics. Prince. Colt. Rankin-Bass. Muddy. Winchester. Red Cross. Cash. James Dean. Simpsons. Mingus. Warhol. Martin (Dean and Steve). Cole (Nat and Porter). Spielberg. Hemingway (Ernest and Mollie). Rockwell. Jackie Robinson. Brubeck. Airplanes. Thoreau. Dorsey (Thomas and Tommy). St. Jude’s. Three Stooges. Brown (Charlie and Clifford). Monroe (Marilyn and Bill). Muppets. Dylan. Dr. Seuss. Pryor (Richard and Cactus). Staubach. Bugs Bunny. Eastwood. Babe Ruth. BB. NASA. Patsy. Billie. Buddy (The Elf and Holly). Salk. Twain. Air Conditioners(!). Emmylou. Miles. Mercer. Baseball. I Love Lucy. Hendrix. Little Richard. Mr. Rogers. Mel Brooks. Jobs. Thanksgiving. Armstrong (Louis and Neil). Crosby (Bing and Franny). Woody (Guthrie and Sheriff). Berlin. Cooke. Cohan. Bluegrass. Blues. Star Wars. Everly Bros. Bukowski. Coltrane. Seinfeld. Aretha. Duke (Ellington and Wayne). Hank. Ella. Loretta. Willie. Waylon. Willie and Waylon...and that's just the very short list.

It’s quite simple: What separates America from all other nations in human history are not our sins, but our virtues.

After WWII, for four years, this nation was the SOLE possessor of the most powerful weapon in man’s history. What did we do with that power and dominance? We KEPT the peace. We did not seize a single acre, demand submission, or empty another’s treasury. Name one other empire since the dawn of time – Roman, Greek, Persian, British, French, USSR, Third Reich, China - that does not choose to conquer, ransom, pillage, and loot with such an advantage. God Bless The USA. I and mine choose to show gratitude for this great and good land. Happy Birthday America - 249 looks GREAT on you!

Put On Love,
Montgomery

What a great line, “What separates America from all other nations in human history are not our sins, but our virtues.”

Happy Birthday, America!

[buck.throckmorton at protonmail dot com]

posted by Buck Throckmorton at 11:00 AM

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