“You can’t rewrite a statute with a Sharpie”

January 30, 2025

Making sense of the DEI crackdown ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

January 30, 2025

Greetings, Meteor readers,

Too much is happening at once.

In today’s newsletter, we take a close look at the many anti-DEI actions Trump has put in motion, and what they mean in real life. Plus, what to expect at this year’s Grammys.

Resting my eyes,

Shannon Melero

WHAT’S GOING ON

The ripple effects of the DEI crackdown: The morning after the aircraft collision over the Potomac River on Wednesday night, Trump was busy blaming the DEI policies of Biden and Obama for the crash. “Their policy was horrible,” he said, “and their politics was [sic] even worse.” His evidence-free rant is just the latest move of his administration’s obsessive, all-out assault on diversity, equity, and inclusion programs. So what do Trump’s slew of executive orders, freezes, and attacks on programs that help people of color, women, and LGBTQ+ people thrive actually mean?

Before we parse out what we should expect, let’s first review what’s happened. On his very first day, Trump overturned Biden’s executive order on DEI, which, among other things, ordered all federal agencies to come up with equity action plans, which address discrimination in the workplace. The second Trump executive order, handed down the same day, went further, ending any DEI activities in the federal government and reversing core policies that have been around for decades, including a Lyndon B. Johnson-era order that required any workplace taking federal dollars to implement equal opportunity measures. The Trump administration made clear just how much they mean it: Tens of thousands of federal employees got an email directing them to report any colleagues trying to “disguise” DEI “by using coded or imprecise language” and promising that they’d face “adverse consequences” if they didn’t.

This effort extends throughout the government. The Department of Justice was ordered to halt ongoing cases in its civil rights division, including police reform agreements negotiated in the final days of the Biden administration. The Department of Education removed more than 200 web pages with guidance for schools on how to implement DEI policies and create welcoming campus environments. And just last night, Trump issued an order that threatened to remove federal funding from schools teaching about things like transgender identity, white privilege, and unconscious bias (though it’s unclear how much of this will actually happen, given how difficult it is for the federal government to dictate curricula.)

So, are you ready for the hopeful part?

“These executive orders cannot change civil rights law,” says Amalea Smirniotopoulos, senior policy counsel at the NAACP’s Legal Defense Fund. “You can’t rewrite a statute with a Sharpie.” That means that hiring, say, only white people is still illegal. Denying a woman a promotion just because of her gender is still illegal. Firing someone for being gay is still illegal, even according to the rightwing Supreme Court.

Which also means that if any federal employee experiences discrimination or workplace harassment, they still have rights under Title VII of the Civil Rights Act and can file a lawsuit against the federal government. And despite the administration’s attempt to frame DEI programs as “illegal and immoral,” the programs it’s ending “are lawful and have been upheld by courts in many cases,” says Smirniotopoulos, pointing to the NAACP’s success in winning an injunction to stop an anti-DEI executive order issued by Trump during his first term. She predicts these newer orders will face challenges, too.

But that doesn’t mean this crackdown won’t have far-reaching effects. There’s the law, and then there’s enforcement. “The reason DEI programs exist in the first place is to help with compliance of civil rights laws,” Smirniotopoulos says. “If we see the federal government roll them back, there is a risk that they’ll allow discrimination to fester among their own workforce.” In other words, you’re still free to file a lawsuit alleging discrimination—but the guardrails and systems that might discourage discrimination to begin with may be deteriorating. This deterioration could be widespread, given how the current administration is “encouraging” the private sector to roll back DEI. Since the election, many private companies—from Walmart to McDonald’s to Amazon—already have.

Anti-DEI efforts will also rob federal employees of things like volunteer affinity groups. “Employees are feeling that the loss of these programs [will deprive] them of community and the social network that’s essential in any workplace,” Smirniotopoulos says. “Your ability to succeed in your workplace isn’t just about your raw intelligence, it’s also about knowing how to navigate workplace dynamics, knowing the culture and norms. Those social factors can play just as much of a role in whether someone can thrive or get promoted.”

For the federal government, the ultimate effect may be a working environment where swaths of the population feel unwelcome—which will hurt hiring and retention for government positions. (Many suspect this is part of the point; the president of the American Federation of Government Employees called the anti-DEI orders “a smokescreen for firing civil servants.”) A diminished federal workforce affects everything from getting through airport security quickly to making sure we have clean water. “When the federal government works well, it’s invisible,” Smirniotopoulos says. “When the federal workforce is attacked, that ultimately hurts all of us.”

If you’re experiencing workplace discrimination or harassment: The Equal Opportunity Employment Commission technically still exists, but to be safe, we recommend contacting independent organizations like the ACLU, NAACP, or National Women’s Law Center to get advice on how to proceed.

—Nona Willis Aronowitz

AND:

Yesterday, Robert F. Kennedy Jr.’s confirmation hearing was as lie-riddled as expected. Today he had a second hearing with the Senate Health Committee where senators dissected his contradictory statements on vaccines. Senator Bill Cassidy (R-LA) chastised, “Your past of undermining confidence in vaccines with unfounded or misleading arguments concerns me. I have constituents who partly credit you for their decision to not vaccinate their child.” RFK Jr. did state on the record that all of his children are vaccinated.
It may be difficult to keep up with all of these confirmation hearings; Kash Patel and Tulsi Gabbard also had their grillings today. But one holding my attention is that of known anti-Black former WNBA team owner and millionaire Kelly Loeffler, who was tapped to be head of the Small Business Association and faced her hearing yesterday. Loeffler praised Trump’s shuttering of DEI programs, noting, “This will allow us to reduce the burdens on small businesses for costly implementation of needless programs.” One of those needless programs? Funding and certifications for women-owned businesses.
On the heels of an anti-trans executive order that ordered federal facilities to ensure that “males are not detained in women’s prisons or housed in women’s detention centers,” The Intercept reports that trans women are being transferred to all-male units. The lawyer of one of those trans women is “exceptionally worried,” telling the Intercept, “She doesn’t know whether she will be held with men. She doesn’t know if she will receive her hormones as scheduled. Everything is uncertain.”
Have you been getting a lot of pop-ups in your Google workspace from their AI program, Gemini? Don’t remember opting into those? Yeah. Neither did anyone else. There is an (arduous) way out.

Two Pop Stars, Both Alike in Dignity

Beyoncé and Taylor Swift face off at the Grammys

BY SCARLETT HARRIS

IN FAIR LOS ANGELES WHERE WE LAY OUR SCENE, FROM ANCIENT GRUDGE BREAK TO NEW MUTINY. (VIA GETTY IMAGES)

It’s been an incredible year for women in pop, and this weekend at the 67th Grammy Awards the race for the highly coveted Album of the Year award is stacked with the gals who ruled the summer. Billie Eilish, Sabrina Carpenter, Chappell Roan, and Charlie XCX are among the nominees. And while each of these women has a strong chance of taking home the gold, the real competition is between two titans of the industry—Taylor Swift and Beyoncé, who have 157 nominations and 46 wins between them.

This weekend promises to be a kind of referendum on the notoriously racist and old-fashioned music establishment. All eyes will be on whether Bey, with “Cowboy Carter,” can finally clinch the Album of the Year award that has eluded her her entire career—or whether Grammy darling, Swift, will add to her already record-breaking tally of four AOTY golden gramophones with “The Tortured Poets Department.”

The last time they were pitted against each other in this category was at the 2010 Grammys, for “I Am… Sasha Fierce” and “Fearless,” respectively, which Swift went on to win. This followed Kanye West’s infamous “I’mma let you finish” screed at the MTV Video Music Awards the year prior, in which he interrupted Swift’s acceptance speech for Best Female Video for “You Belong With Me,” asserting that Beyoncé had one of the best videos of all time and should have won for “Single Ladies (Put a Ring On It).” (He wasn’t wrong.) Ever the consummate professional, Bey had invited a deer-in-the-headlights, 19-year-old Swift back on stage during her own acceptance for Video of the Year so she could give the speech truncated by West.

WEEKEND READING 📚

On stoking division: Anti-immigration policies are creating a wider divide in already fragile Latine communities. One Mexican/Puerto Rican writer shares what that looks like for her family. (New York Times)

On letting the dead rest: A new documentary about Selena Quintanilla called Selena y Los Dinos has some wondering where to draw the line between honoring late artists and profiting off their tragic stories. (Refinery 29)

On sex and other cities: A new character has emerged from the manosphere: the “passport bro.” While that may sound like a cool name for travel buddies, it’s just the latest depraved rebrand of sex tourism. (The Baffler)