Judging Freedom - NYC will consider race when distributing COVID treatments
Episode Date: January 3, 2022Judge Napolitano breaks down how New York City will take a patient’s race into account when distributing potentially life-saving COVID treatments.See Privacy Policy at https://art19.com/pri...vacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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Judge Napolitano here on Judging Freedom. Today is Monday, January 4, 2022.
The city of New York and its new mayor, Mayor Eric Adams, announced late last night that it would be taking over the distribution of COVID tests and of medications for COVID,
and it would give emphasis to neighborhoods based on race.
This is the age-old problem that we've had in America.
Can the government make decisions based on race?
The short answer to that is no, it can't.
From and after the 14th Amendment,
which is one of the three amendments that followed the Civil War,
the government must not have race in its armament of decisions. It's got to make decisions on a colorblind basis.
However, if the government can show that some racial groups were intentionally deprived of
tests or intentionally deprived of medication by the same government, which in this case would be the de Blasio administration,
be a very difficult thing for the Adams administration to show that,
then it can take race into account when it distributes the COVID materials to certain neighborhoods.
So race cannot be the sole factor and it cannot be the principal factor, but it can
be one of the factors that the government takes into account when it decides how to distribute
assets. In this case, the assets are the individual home use COVID testing and the relatively new, in fact, very new to the market
COVID medications. Something wrong about the government saying it's going to make a decision
based on race, because the government should be colorblind. We all want a government that's
colorblind. It'd be very difficult for me to accept and for anyone to accept that the de Blasio administration, Bill de Blasio, one of the most liberal mayors in the country, whose term ended just three days ago, that the de Blasio administration intentionally discriminated against groups based on race.
Well, you might say, look, there is discrimination based on race by the government in this country.
Yes, there is.
We all know that.
But the Supreme Court has said that for the city of New York to make a decision based on race, it must show that it itself, that the city itself harmed, intentionally harmed the racial group that the city now wants to benefit i don't know how it
could possibly make such a showing but we'll be watching for you judge the politano judging freedom