WARREN: Mr. Marcus, if confirmed, you would be responsible for protecting the civil rights of American students at a time when Nazis and white supremacists are marching across college campuses with tiki torches, and many young people are literally afraid to go to school because of the hateful climate that has been fostered by Donald Trump. If confirmed, will you commit to fully enforcing civil rights laws and protecting all students from discrimination and harassment?
WARREN: Good. So, I just want to find out a little more detail about what that commitment means to you, and I thought we might go through a few fact situations. So, let’s start with an easy one. Say there’s a school district that has some mostly white schools and some mostly black schools, and let’s say that the mostly black schools have less experienced teachers, teachers with fewer qualifications, those schools have fewer books, they have fewer computers in the library, fewer AP courses available. By any objective measure, those schools have clearly been shortchanged. If confirmed, would your office step in to protect the civil rights of that district’s black students?
MARCUS: If I were confirmed, I would ensure that any complaints alleging violation of Title VI would be — would be reviewed.
WARREN: Mr. Marcus, I don’t want to start a dance here. This is a set of facts that come to you in your position, if you are confirmed, and my question is are those facts adequate? Will you step in to protect the civil rights of the district’s black students?
MARCUS: Senator, I would certainly hope to be able to provide protection for the civil rights of those black students to the extent possible under law, but what . . .
WARREN: But, that’s the question I’m asking how you see this. You’re allowed to answer hypotheticals, here, so this one should be easy. A yes or a no, would you step in on those facts, or not?
MARCUS: I appreciate that, senator, but unfortunately in my experience the cases that OCR deals with are much more complicated than hypotheticals.
WARREN: So, you don’t think that’s enough evidence, what I’ve just said?
MARCUS: I think I would need to look at it very carefully.