Feb. 06, 2021
I am strongly opposed to approval of NASDAQ's proposal to establish de facto racial, gender and sexual preference quotas for directorships in corporations with which it does business, and to establish a bogus opt-out procedure designed to expose hold-out corporations to boycotts, campaigns of targeted hate speech, and possible violence. It establishes a regimen which would be impossible for companies to honestly implement in practice without violating legally-protected privacy rights. According to established Federal case law set forth in repeated court rulings, it is also unconstitutional for Federal agencies to countenance actions by a private entity which would be unconstitutional if undertaken directly by a Federal agency, which this action obviously is. IMO, it is also probably a violation of the Federal RICO statute. In the absence of any bona fide showing that any discrimination currently exists, it serves no legitimate remedial purpose, and should be rejected.