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Action Update


Dec 01, 2017 | by William Perry Pendley

The Supreme Court of the United States held “[d]istinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality."  Declared the Court, "[t]he guarantee of equal protection cannot mean one thing when applied to one individual and something else when applied to a person of another color."  Or, as Justice Scalia wrote in a case won by MSLF, “In the eyes of government, we are just one race here.  It is American.”

Furthermore, hiring based on race and not qualifications can be deadly dangerous, as is certainly the case regarding medical doctors, airline pilots, and engineers at nuclear power plants.  Or how about air traffic controllers (ATCs) who are responsible for safely guiding, from their takeoffs through their landings, 87,000 daily flights across the United States?

These two facts—racial quotas are unconstitutional and can get people killed—are why the American people were alarmed when Fox News reported that the Federal Aviation Administration (FAA) had ended hiring the nation’s best and brightest young men and women—regardless of race—as new ATCs.  Instead, the FAA hired “off-the-street” citizens who speak English, are high school graduates and—now hear this—pass a “Biographical Questionnaire” (BQ) test, which included:  “The number of high school sports I participated in was?”  “How would you describe your ideal job?”  “What has been the major cause of your failures?”  “More classmates would remember me as humble or dominant?”  The BQ is the epitome of touchy-feely psychobabble. 

Forsaken by Obama’s plan to “transform the [FAA] into a more diverse and inclusive workplace that reflects, understands, and relates to the diverse customers we serve,” was a thoughtful program begun in 1991 to meet the FAA’s needs, with the ageing of the nation’s ATCs, to hire a thousand ATCs each year to fill slots around the country.  To ensure a ready pool of the best qualified applicants, the FAA set up accredited degree programs at colleges and universities—Collegiate Training Initiative (CTI) schools.  CTI schools are in 23 States.  The FAA gave a hiring preference to applicants who earned a degree from a CTI school, obtained references from CTI administrators, and scored 85 percent or better on the arduous Air Traffic Selection and Training exam (AT-SAT)—an eight-hour computer-based test, such as, “[T]ime speed distance equations that you do in your head, actual control scenarios, games that test your ability to multi-task; all skills that are essential to this job.”

When the FAA announced its new hiring plan it tossed out the AT-SAT scores and CTI qualifications of 3,500 CTI graduates and military veterans, each one of whom had been classed as “well qualified” to become an ATC.  Each was told to begin anew, but now all their training and military service did not count.  Rejected were highly skilled and diverse individuals, including American Indians, African Americans, and Hispanics.  In fact, more than 11 percent of these “well qualified” men and women are African American.  Just imagine the heartache each of these highly qualified young men and women suffered after years of hard work and financial sacrifice.  Their dreams of serving their country as air traffic controllers appear to have been dashed.

One, Andrew Brigida, holds two B.S. degrees in aviation from Arizona State University.  He got top grades, won the admiration of his professors, and scored 100 percent on the AT-SAT!  Listed by the FAA as a “certified candidate” and ready to be hired, he eagerly awaited the call from the FAA telling him to report to Oklahoma City for training.  Instead, he got a “Dear Applicant” email saying—in essence—he is of the wrong race.  Son of a New York City cop who retired to Arizona, Andrew was stunned.  (By the way, he took the BQ test but “failed.”  Clearly, the “test” has a nefarious purpose.)    

When MSLF learned of Andrew’s plight and that of the others, it was livid and for good reason.  Before the Supreme Court of the United States in Adarand Constructors, Inc. v. Peña, MSLF won a landmark ruling that the federal government must obey the Constitution’s equal protection guarantee.  In a rare class action, MSLF filed a lawsuit for Andrew Brigida and 3,500 men and women who had their constitutional rights violated by Obama’s FAA.

Shortly after MSLF filed its lawsuit, Congress ordered the FAA to stop using the BQ; however, Congress did not restore the rights of MSLF’s clients.  As it does so often, because MSLF’s case is “in litigation,” Congress gutlessly left the issue of vindicating MSLF’s clients’ civil rights “up to the courts.”

Worse yet, days ago, MSLF learned the FAA is still using a BQ-style, psychobabble test to eliminate candidates, despite that Congress barred its use.  Clearly, this is the spiteful handiwork of the “Deep State”—the Obama holdovers, entrenched bureaucrats, and unions members who run federal agencies.  You may wonder why the FAA is willing to allow the use of racial quotas to hire ATCs.  After all, the lives of thousands of Americans are at risk when unqualified ATCs—hired based on their race—control aircraft flights.   The reason is that the agency is being run by the union and the union wants ATCs who believe they must join the union.  It is shocking, but it is true.     

In this critical case, President Trump is deferring to Congress and its plans to privatize the FAA.  Meanwhile, MSLF’s clients seeks justice in the only way they will ever get it, that is, when MSLF wins in federal court and perhaps before the Supreme Court of the United States.  Please help MSLF get justice for these young men and women, achieve victory over the “Deep State,” and end the use of racial quotas by the federal government forever!

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