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Friday, August 6, 2010

Obama's zealous civil rights enforcer gets busy

By Byron York August 6, 2010 | Modified: March 16, 2012 at 3:59 pm

"I love this job," said Thomas Perez, the hard-charging head of the Justice Department's Civil Rights Division, in a speech last December to the liberal legal group American Constitution Society. "We have a very broad, a very ambitious vision. It's a very exciting vision, and I wake up every morning with a hop in my step."
There's no doubt Tom Perez is hopping a lot these days. Of all the transformations that have taken place in the Obama administration, perhaps none is so radical as that within the Civil Rights Division. Under Perez, it is bigger, richer and more aggressive than ever, with a far more expansive view of its authority than at any time in recent history.

Perez is playing a leading role in the Justice Department's lawsuit against Arizona's new immigration law. He is promising a huge increase in prosecution of alleged hate crimes. He vows to use "disparate impact theory" to pursue discrimination cases where there is no intent to discriminate but a difference in results, such as in test scores or mortgage lending, that Perez wants to change. He is even considering a crackdown on Web sites on the theory that the Internet is a "public accommodation" as defined by the Americans with Disabilities Act.

To do all this, Perez has come up with some novel ideas. For example, in a recent lending discrimination case, he forced the defendant -- who settled the case without admitting any wrongdoing -- to pay not only the alleged victims but to funnel $1 million to unrelated "qualified organizations" to conduct social programs.

Perez is pushing just as hard on smaller issues. In a little-noticed move last year, he threatened several universities because they took part in an experimental program to allow students to use the Amazon Kindle for textbooks. At the time, the Kindle was not fully accessible to blind students, and under pressure from Perez the schools agreed not to offer the e-reader to any students until it was fully accessible to all.

Perez is pursuing his goals with a lot of muscle, powered by a major appropriations increase in President Obama's 2010 budget. "I am going to be calling each and every one of you to recruit you, because we've got 102 new positions in our budget," Perez told the liberal lawyers last year. "One hundred and two people, when added to a base of 715 people. ... that's a real opportunity to make a difference."

Heading the Civil Rights Division is the opportunity of a lifetime for Perez. A former aide to the late Sen. Ted Kennedy, he was an activist and later a councilman in Montgomery County, Md., where he made a name for himself pushing in-state tuition and drivers' licenses for illegal immigrants. Now, he's on a much bigger stage.

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