Family Embodies Split on Affirmative Action

WASHINGTON -- Ralph Boyd Jr. is the chief of the civil rights division of the Justice Department, but even in his own family he isn’t considered much of a civil rights activist.

The firebrand is his father, Ralph Boyd Sr., who grew up in Baltimore during the Depression and became a decorated member of a segregated infantry unit in World War II. After the war, he helped found a chapter of the NAACP, and at age 84 he continues to rail against what he sees as injustices, helping spark a recent investigation into police misconduct in his adopted hometown of Schenectady, N.Y.

The younger Boyd, 46, on the other hand, attended Harvard Law School and worked as a prosecutor as well as at a large corporate-oriented Boston law firm before he was picked for his high-profile Justice Department post. Civil rights groups consider his record to be mediocre at best.

One reason: He helped craft the Bush administration position before the U.S. Supreme Court that the affirmative action program at the University of Michigan Law School was unconstitutional -- a view that his father’s group, the NAACP, labeled a “perversion� in its court papers in the case.

The Supreme Court’s rulings last week in the law school case and a second University of Michigan case involving undergraduate admissions put a spotlight on the diversity of opinion over affirmative action -- in the Boyd family and among millions of others who have followed the cases closely.

The court held that colleges, universities and law schools may continue to use race as a factor in the admissions process in order to achieve “diversity.� The justices also held that admissions officers are forbidden from using strict quotas or point systems to achieve that end.

The rulings were seen as a defeat for those who had hoped the court would outlaw race as a factor under any circumstances, and a victory for affirmative action proponents who contend that racism is still entrenched in America despite half a century of civil rights gains.

The critics include a growing number of black Americans who see affirmative action’s benefits as wasted on people who least need the help, and who argue that other factors -- crime, poverty and disintegrating families -- are a greater impediment to black advancement and should be attacked more aggressively.

All things being equal, they contend that blacks would rather be judged on the basis of merit than race. “The black elites would have us all believe that there is a minority viewpoint, and that it is all in favor of racial preferences,� said Peter Kirsanow, a member of the U.S. Commission on Civil Rights and a staunch critic of affirmative action.

“My sense is that most blacks would applaud affirmative action as it was originally conceived,� he said, “but now that outreach has been conducted ... they just want the opportunity to be considered on an equal footing.�

The view, while hotly contested, has also been echoed by a number of prominent black officials in the Bush administration who had more than a passing interest in the high court’s latest historic affirmative action pronouncement and the legal maneuvering surrounding it.

They include Larry Thompson, the deputy attorney general and a longtime friend of Supreme Court Justice Clarence Thomas. In an impassioned dissent, Thomas called the law school’s admissions policies “elitist� and accused his brethren in the majority of “responding to a faddish slogan of the cognoscenti.�

Thompson was a student at the University of Michigan Law School in the early 1970s, and according to Griffin Bell, a former law partner who was attorney general in the Carter administration, never forgot an episode in which a professor presumed he got into the school through its affirmative action program.

“He felt stigmatized.... He was very incensed over that,� Bell said.

Boyd Jr. -- who through a Justice Department spokesman declined to be interviewed -- has expressed major reservations about affirmative action. For example, in a Martin Luther King Jr. Day address in St. Louis in January, he decried the government’s use of race in assigning burdens or conferring benefits on citizens.

“Unless someone is the victim of actual discrimination, race simply shouldn’t play a role -- or at least a prominent role -- in decisions concerning what opportunities that person will have or not have,� according to the text of Boyd’s speech at the University of Missouri.

Boyd recently announced that he will be leaving the Justice Department next month to return to private practice.

In an interview, Boyd’s father acknowledged having differences of opinion with his son over the years, but remains enormously proud of his only child. He suggested that political pressures might have prevented his son from doing all he wanted in Washington. “I may not agree, and I don’t have to agree,� the senior Boyd said. He decries that “dissent has become a dirty word in our country.�

On affirmative action, Boyd says critics have ignored years of rampant nepotism in government and professional schools, and the long history of discrimination that blacks have suffered.

“What about all the years before when the blacks did not go into the universities? What about the white kids who had remedial reading to get into college?� he asks

Critics have seized on affirmative action as “a divisiveness tactic,� he said, clouding the broader question of what constitutes a truly just society.

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Ralph Boyd Sr. has known discrimination and injustice -- and the fight against it -- for as long as he can remember.

He recalls being hounded by the draft board while in college during World War II in Baltimore at a time when whites were getting student deferments. He found himself in North Africa with an all-black Army unit, one of the first allowed into combat.

Among his first votes was the one he cast from a foxhole in Italy -- for Franklin D. Roosevelt -- and growing up he delivered newspapers to some of Baltimore’s foremost black citizens, including a young civil rights lawyer, Thurgood Marshall.

After the war, he settled in Schenectady, worked for General Electric Co. for 35 years, and founded the local NAACP chapter in 1949, distressed at how returning GIs and others were being treated by employers in the community.

He organized seminars on education and civil rights, and boycotts against businesses that wouldn’t employ blacks. “We decided we were not going to take this stuff no more,� he said.

Ralph Boyd Jr. was born in 1957 -- the year that the Justice Department civil rights division was established, his father notes.

He got a full education, inside and outside the classroom, often pulled by his parents to community meetings and protests, and always to church.

The future Bush administration official helped wash cars and pitch in with other fund-raising for the NAACP. He became an honors student, sports star and Eagle Scout, a record that got him into exclusive Haverford College outside Philadelphia, and eventually Harvard Law School.

His perspective on civil rights was honed on the streets of Boston, where he became a federal prosecutor running an acclaimed program focused on gun trafficking and gangs. He attended community meetings with pastors and other officials trying to send a message to troubled black youth. Along the way, according to his father, he decided to become a Republican.

“People always knew Ralph was a conservative guy. People who gravitate to become prosecutors are often conservatives,� said Donald Stern, a lawyer at the Bingham McCutchen law firm, who as the former U.S. attorney in Boston was Boyd’s boss for several years.

“But Ralph cares deeply about the minority community,� Stern said. “This was not your typical prosecutor who wanted to lock ‘em up and throw away the key.� After six years, he left to take a partnership at a major Boston firm.

His track record on guns caught the attention of the Bush White House. He also received an endorsement from Wayne Budd -- another former boss from the Boston U.S. attorney’s office -- who as an official in the first Bush administration had investigated the Los Angeles riots after the Rodney King beating verdict.

Civil rights groups have complained that as the head of the civil rights division at the Justice Department, Boyd has been too timid, disinclined to launch new cases and inclined to roll back protections in cases such as the University of Michigan battle.

“There is not a civil rights organization in the country that is appreciative of anything that he has done,� charges Christopher Anders, legislative counsel for the ACLU.

On the other hand, Boyd reached a settlement with the Cincinnati Police Department to reform its practices after allegations that excessive force in 2001 triggered riots in the city. And this month, Boyd issued a series of guidelines banning racial profiling by the FBI and other federal law enforcement agencies, the first such rules on a national scale.

Even as the son has helped shape civil rights policy in Washington, his father has continued his on-the-ground activism back home.

When Schenectady was targeted last year in an ongoing investigation into allegations of police misconduct, the younger Boyd disqualified himself from the decision on whether or not to open the inquiry. His father was among those appearing at news conferences in Schenectady calling upon the federal government to step in.