Afew days before the election, I accompanied a friend to the dentist's office. It was one of those situations in which appearance takes over more complex realities of who we are. I was a middle-aged black woman assisting an elderly white man. That he's a wild old radical who browbeats the mad law professor in me with Russian ideologues and German philosophers probably wasn't what most people saw as we toddled down the street arm in arm on cane. In the vast warren of the medical center, we become even more invisible in a waiting room filled with physically fragile patients, many of whom had been brought there by female caretakers of color.
Perhaps because of some such condescension, we became privy to a loud conversation floating out the not-quite-closed door of the office next to which we were sitting. One of the doctors was chatting with a patient, expressing his general pique at the world in familiar, often contradictory clichés. He was upset at the loss of standards in schools. He pitted merit against equality and paired merit with white, Jewish and Asian students. He insisted that "we are not all equal" and concluded that affirmative action was inherently immoral. A few minutes later he blamed white liberals for abandoning standards and praised as standard-bearers those blacks who support vouchers. "The problem is" minorities who teach their children to hate white people. He said that "blacks are out of control" and that black leaders "are not taking responsibility." He cited Al Sharpton, Marion Barry and Louis Farrakhan as typical black leaders, and he rattled on against substance abuse in the inner cities and guns in the hands of young blacks who will never make it into the middle class, because they don't study and don't have good table manners.
"Bite down," he said as he finished with a paean of support for "zero tolerance" policies, standardized testing and George W. Bush.
George W. Bush! I shook my head wonderingly. If only he were black. It's one of those things we black people think about a lot: If only this or that one were black. Can you imagine, we tell each other.
Just think where a black man who spent more than half his adult life as a substance abuser would be--a black man who had a conviction for drunk driving and a notoriously bad attitude. Is it too obvious to point out that George Bush and Dick Cheney--who has two convictions for drunk driving--share a certain equality of status with Marion Barry?
Just think where a sneering black frat brother who committed gross grammatical butcheries and called Greeks Grecians would be. What fun Abigail Thernstrom could have questioning why unqualified upper-class whiners like that should be admitted to "first tier" universities like Yale and Harvard. (I guess we're supposed to feel better that Cheney flunked out of Yale on his own merits.)
Just think of where a black businessman with a "winning" personality but a losing financial record would be when he showed up to buy that team franchise. Assuming he could get a job way down in the corporate food chain, you can bet they wouldn't let him anywhere near the cash register.
Imagine a black politician who was so loudmouthed that his own family called him "bombastic," who proffered opinions about nations whose names he hadn't bothered to learn or badly mispronounced and who created an international incident by falsely accusing the Russian Prime Minister of stealing from the IMF. If you're thinking Al Sharpton, think again.
Imagine a black leader who began his campaign for office at a university that historically advocated racial separatism as God's law and that published materials describing Judaism as heretical and Catholicism as a "cult." I do wonder how it is that George W. can wander through so much of Louis Farrakhan's metaphysical territory and still come out looking like someone whose morals so many Americans say they can look up to.
I do not draw such analogies simply to relativize. The more important point, I think, is one related to what I sometimes call innocence profiling. If George W. Bush were black, he would be a classic suspect profile. If he were Driving While Black, there are people who would have forgiven police if they had decided to shoot at his drunkenly weaving car on that dark Maine highway (as New Jersey troopers shot at that van full of perfectly sober, cooperative college students). If he had been black, we might have heard Mayor Rudolph Giuliani describing him as "no altar boy" (as he described Patrick Dorismond, a security guard "accidentally" shot and killed by the NYPD).
But of course, George W. Bush is not black, and thus it is, perhaps, that the New York Times instead ran an article describing him as having tamed his "inner scamp" and entered "midlife redemption"--even as the article goes on to describe the supposedly redeemed man-who-would-be-Commander-in-Chief as having behaved so insultingly and inappropriately toward Queen Elizabeth at a state dinner in 1991--five years after he says he gave up alcohol--that a horrified Barbara Bush promised the Queen to seat him far away from Her Majesty, "for fear of him saying something."
The lesson of equality is, at its heart, related to the question of double standards: There are still too many examples in American society of the degree to which we have zero tolerance for disreputable black behavior and seemingly unlimited indulgence when whites behave the very same way.
Anyway, back at the medical center, the dentist's door flew open. "Next!" called out the doctor.
"Now set the teeth...," growled my dear old friend and lefty warrior as he marched into the office to face needles, drills...and more. "It won't be so bad," smiled the dentist unsuspectingly.
But my friend had been quoting Shakespeare's Henry V. "Teach them how to war..." he went on and winked at me. The door shut softly behind them.
The high point of liberal faith that the color line might be permanently breached may have been the 1963 March on Washington for Jobs and Freedom. From a participant's perspective it is difficult to forget the sea of 200,000 black and white demonstrators behind the figures of Martin Luther King Jr., Walter Reuther, A. Philip Randolph and other prominent civil rights leaders, arms confidently linked, marching toward an egalitarian future. In the wake of Southern freedom rides and lunch-counter sit-ins to break the racial barriers to public accommodations (while early Northern urban insurgencies began protesting economic oppression), in quick succession Congress passed the Civil Rights and Voting Rights acts. By 1965 many were convinced that the long-deferred dream of equality and justice was at hand. But as it turned out, the movement was not equal to its dream. The decade that began with Brown v. Board of Education, the Supreme Court decision against school segregation, and ended with Congressional enactment of legislation that seemed to fulfill the betrayed promise of the Civil War and Reconstruction turned out to be the last great outpouring of racial unity in the twentieth century. The reassertion of the racial divide became the story of the next thirty-five years. Even as antipoverty programs, affirmative action and war-fueled prosperity helped expand the black middle class, housing and school segregation worsened, and, because of the deindustrialization of most major cities, black and Latino unemployment became intractable. In the wake of the misery of many black ghettos we have seen the return of racial thinking, especially eugenics, that hated doctrine developed at the apex of the British Empire by Darwin's cousin Francis Galton, among others. Far from earlier belief--shared by scientists, human rights advocates and many political leaders--that there is only one human species, race has made a roaring comeback on the left as much as the right. Moreover, on both sides of the ideological divide science has been mobilized to reassert the legitimacy of race as a "natural" division within the species, not only in the United States but also in other advanced industrial societies.
Paul Gilroy, whose Black Atlantic broke through the nation-specific context of race politics, has written a powerful, albeit minoritarian defense of the position that racial thinking--not just racism--is a key obstacle to human freedom (an aspiration, he sadly notes, that has virtually disappeared from political discourse). In his analysis of the origins and uses of racial thinking Gilroy spares from his critique neither black pride nor black separatism, let alone racism's most virulent forms, fascism and colonialism. He argues, provocatively, for an alternative to antihumanist identity politics that would veer toward defining community as a geographical as much as a racial concept, what he calls "planetary humanism." He also propounds an unabashed cosmopolitanism to replace nationalism as a solution to racial oppression. The result is that he has offered one of the most impressive refutations of race as an anthropological concept since the publication of Ashley Montagu's Man's Most Dangerous Myth: The Fallacy of Race more than fifty years ago. But where the older work rode the crest of a wave of early postwar antiracial thinking propelled by the general recognition that the crimes of Hitlerism were a consequence of racial populism, Gilroy's attempted revival comes at a time when identity politics, with its ideology of separatism, seems to have displaced forms of universal humanism. Communitarianism, which holds that people have the right to circle the wagons around their territory and impose their group's values on strangers, has reached all corners of political discourse, including the White House. In these times the frequently invoked slogans of human rights enjoy only strategic currency.
Gilroy traces racial thinking to three major sources: First, "raciology," discredited in its blatant, authoritarian manifestation, lives on in the guise of pseudoscientific claims that the black body has biologically rooted attributes of superior strength, beauty and endurance; second, the various movements to counter oppression by affirming racial solidarity on the basis of a separate black identity; and third, colonialism and slavery's systematic deracination of the black self and its consequent denial that blacks should be considered part of universal humanity, which has occasionally but spectacularly given rise to genocidal activities in the name of racial purity.
According to Gilroy, the persistence of raciology is partly attributable to the growing cultural importance of visual thinking, which increasingly influences our conceptions of truth. The dominance of image over writing has had a profound influence over what we take as reliable knowledge. Photography, film and television have altered how we understand the world. Despite overwhelming scientific theory and practice maintaining that there are no fundamental biological differences, physically or intellectually, within the human species, Gilroy contends, the manipulated images of advertising and other artifacts of consumer society apparently belie these judgments. Citing Spike Lee's alliance with a leading advertising agency, DDB Needham, to promote a bland version of multicultural blackness as an example of how raciology has walked through the back door of commercialized black identity, Gilroy accuses some leading black cultural figures of complicity with a crass version of market capitalism to advance their own interests.
Gilroy begins by marshaling evidence, culled from the scientific and technological revolutions of molecular biology and computer science, to support his contention that the concept of essential racial difference has lost its scientific basis even as attempts are made, by means of pseudobiological arguments, to support the view that humanity is divided by inherent, natural differences. "There is no raw, untrained perception dwelling in the body," nor, he believes, is there an inherent black physical superiority. Citing advances in medical imaging that reveal the body on a "nanoscale," he argues that the human body is increasingly understood by science as code and information and, echoing Frantz Fanon, one of his major interlocutors, should not be "epidermalized." In other words, we are not defined by skin color or intrinsic biological traits but by the "patterned interaction" between human organisms and the ecosystem within which we live and develop.
Against Race reserves some of its harshest gibes for identity politics and its companion, "multicultural blackness." Gilroy's criticism ranges from the fairly well-traveled issue of how consumerism shapes identity to how identity may lead to genocide. One of his milder illustrations is that in a society in which the marketplace assumes pride of place, the "car you drive, the clothes you wear" and other items of consumption define who we are. We are identical with our visible signs. But this is only a preliminary consideration to the far more frightening geopolitical tendency to link identity to warring constituencies who sometimes try to exterminate one another, such as Tutsis and Hutus in Rwanda. To underline the horror of the conflation of physical appearance and national identity, Gilroy gives an example of the large-scale killing of Tutsis because their identity card marked them, "or they did not have their card with them...and were therefore unable to prove they were not a Tutsi." Some were killed because soldiers believed "they were too tall" to be Hutu. In calling this an example of the history of "unspeakable barbarity," Gilroy remarks on "how the notion of fixed identity operates easily on both sides of the chasm that usually divides scholarly writing from the disorderly world of political conflicts." He notes that scholarship is often unable to go beyond what it perceives as primal difference, just as political actors seem incapable of seeing the Other as anything but evil.
Contrasting the music of Bob Marley, whom he takes, virtually without reservation, as an authentic black voice for universal human freedom, with hip-hop, especially in its recent incarnations, as a misogynous, cynical and exploitative product of Tin Pan Alley, Gilroy enters the vociferous debate about black popular culture. He chides critics who perpetuate the myth derived from hip-hop's earlier character as a local and rebellious musical expression and who insist that, in the face of massive evidence to the contrary, hip-hop is "marginal" and oppositional to mainstream culture. For Gilroy the leading figures of the genre, Tupac Shakur, Biggie Smalls and others, rode to their popularity on some of the more regressive masculinist sentiments even as they retain rebellious images in the guise of glorifying the figure of the gangsta. These views are not likely to endear Gilroy to those who find hope in the fragments of social critique that remain in the music. I believe he overstates the case. For all of its commercial uses, "avant-garde" hip-hop remains quite subversive to the dominant theme of the American Celebration.
This leads to perhaps the most controversial sections of the book: Gilroy's attempt to demonstrate the link between the fascist politics of racial identity and black nationalism, especially the views of Marcus Garvey, who in the 1920s and early 1930s organized and led a mass Back to Africa movement that attracted hundreds of thousands of followers.
Reflecting recent scholarship, Gilroy denies that fascism was a singular, exceptional event limited to the time of Hitler and Mussolini. Instead, he connects its appearance in the interwar period--and persistence after the defeats of the German and Italian armies and the collapse of their governments--to the history of colonialism and to the contradictions between the universalistic, humanistic claims of Enlightenment culture and the militarism that marked its sordid record of conquest.
Invoking the bloody history of Western imperialism's subordination of colonial peoples in the name of civilizing the "barbarians," Gilroy makes the explicit connection to Hitler, whose rise to power was not merely a reflection of German resentment at its humiliation by the Allies and the legacy of colonialism. Germany's drive for European and African conquest was based on Hitler's doctrine of racial purity and superiority. More than a dictator, he was an impressive ideologue whose ideas attracted substantial support among Germans and have had enduring influence in the emergence of contemporary ultrarightist movements, some of which, like those in France and Italy, have won considerable popular following. The core of fascism is biological essentialism manifested in the marriage of racial identity with nationalism, ideas that won the admiration of Garvey and some other black nationalists. Moreover, like many nationalisms, Garvey's was anti-Semitic, and Gilroy shows that he admired Hitler.
Not that Gilroy equates black separatism with fascism. But he places considerable weight on the deracination of the Jews by fascism as the major modern form of racism and as a precursor to the calumnies that followed their extermination. His point is that the Holocaust and the Rwanda tragedy--indeed, all genocidal acts grounded in racial purity and racial separatism--contain the potential for unspeakable barbarity because they entail the denial of the Other's claim to humanity. Once the Other has been endowed with essential qualities that may be coded as subhuman--or evil--there may be no question of observing its fundamental rights. Thus, for Gilroy, black anti-Semitism is not only wrong, it is self-defeating.
In promulgating his viewpoint Gilroy relies on the authority of three thinkers who, as it turned out, vainly fought for the notion of human liberation: Frantz Fanon, the West Indian psychoanalyst who decried all attempts to link humans to their skin color and never tired of reminding the metropolis of its obligation to live up to the promise of the Enlightenment; Martin Luther King Jr., who, despite the violence and humiliation suffered by American blacks, insisted that the task of the civil rights movement was to secure entrance into American society but who also recognized toward the end of his life that rights are not enough and integration into an unjust society is not desirable. King became the principal tribune of the indivisibility of freedom and, in its pursuit, lost his life while participating in one of the monumental struggles of the Southern labor movement. The last thinker, Richard Wright, is Gilroy's model of a cosmopolitan intellectual who removed himself to France rather than bear witness to the disintegration of the promise of freedom in his own country. Wright is the exemplar of the intellectual exile, yet he remained rooted to the problems and pain of blacks in his native land. Disdaining what he called "tribalism," Wright used his celebrity to make a spirited case that the newly independent African states should embark, despite all, on the road to modernity.
Gilroy's reach is dazzling, his analysis acute and insightful, but in the end he recognizes that, lacking a political constituency for his planetary humanism, his ideas remain not a program but a utopian hope. Significantly, in the last chapter he invokes Theodor Adorno, who, in his years in California, made shrewd but ungenerous commentary on various aspects of US popular culture. Gilroy's sharp criticisms of black elites--especially the middle class, who, even as they distance themselves from the black working class have embraced a mixture of black separatism and assimilation into the dominant market culture--do not lead him to consider global class politics as a practical way to achieve the cosmopolitan movement he would create, any more than Adorno could see beyond the "the totally administered society" he abhorred. At the end of the day, Against Race remains the brilliant jeremiad of an out-of-step intellectual whose main weapon is criticism. There are few who do it better.
How the New York Times convicted Wen Ho Lee.
One of the most haunting images in David Riker's film La Ciudad is of the New York City skyline seen from a work site miles away from midtown. There, a group of Hispanic dayworkers scrape off bricks, carry them to a designated area and pile them neatly on top of one another. No one, including the film viewer, seems to know where he or she is. The images evoke a vivid sense of place/
no-place that reflects the condition of multitudes of Hispanic immigrants to this country--not as much the ones like my parents, whose sense of place had as much to do with their schooling as with their new geography, but immigrants who enter the global Norte in search of a way out of strife and into life itself--improvement, fulfillment of dreams, a future that will be better than now. Like many Latin American renderings of reality, the reality of La Ciudad is informed by the imaginary.
While Juan Gonzalez's Harvest of Empire deals with reality in a conventional sense--it is filled with charts, numbers and facts--his book cannot help conjuring up a series of past and present constructions of what it is to be Latino (or Hispanic, or Latin American, or Spanish-American, or Spanish-speaking, all identities modified by residence, however brief, in the Coloso del Norte). Indeed, a more diverse group is difficult to fathom, as Gonzalez makes clear not only through his facts but by the very structure of the book. He covers more than 500 years of history; the internal politics (historical and actual) of scores of countries; racial, gender and class conflicts within the multifarious national groups; varying US government immigration policies and practices; and all this in an attempt--a welcome one in my opinion--to create a sense of unity among all the ethnicities calling themselves Hispanic and living in America (capital: Washington). Imagine the difficulty: What could a Kanjobal indigenous-language-speaking peasant fleeing Guatemalan repression in 1980, who might later work in the tomato fields of South Florida, possibly have in common with a black Panamanian ex-cop (son of a West Indian) who left his country for New York out of guilt for having participated in quelling an anti-US demonstration and now is in the Air Force living in Alaska? These are two real people whose cases are discussed in Gonzalez's Harvest, or better yet, harvests. Yet in light of all the peaches and pairs, Gonzalez has made a compelling case for unity.
A veteran of sixties left politics--co-founder of the Young Lords--and now co-host with Amy Goodman of Pacifica Radio's Democracy Now!, Juan Gonzalez lays out those figures and charts in the service of what some in cultural studies might call his "subject-position," a position he never disguises in a voice of academic objectivity. His subject reads as follows: "I was born in 1947 to working-class parents in Ponce, Puerto Rico. My family brought me to New York City's El Barrio the following year and I have lived in this country ever since. As a journalist, and before that as a Puerto Rican community activist...
I have spent decades living in, traveling to and reporting on scores of Latino communities...devouring in the process every study or account of the Latino experience I could find." And his position: "Mine is the perspective of a Latino who has grown tired of having our story told, often one-sidedly, without the passion or the pain, by 'experts' who have not lived it." Indeed, we hear the voice of a hard-hitting social critic from the inside.
Gonzalez shows not only his advocacy/journalistic flair for making a convincing case but also a sense of narrative. His accounts of Puerto Rican immigration along with his own family history--a story that could have been an added segment of Riker's film--give him an air of authority, but always an authority that leaves itself open to other authorities, which includes anyone with a border-crossing tale to tell. And there are many in this book.
Gonzalez's subject-position notwithstanding, the force of the facts is a crucial dimension of his narrative. There are several important depictions of Hispanic immigrant reality in Harvest of Empire that have not been given the attention they deserve. Perhaps the most important is that The United States Empire--this designation is not taken lightly--has at once created and fed on Hispanic immigration. The expansionist policies of the nineteenth century, including the military annexation of a great chunk of Mexico, the cold war obsession with a perceived Soviet threat and the enrichment of US-based corporations through exploitation of Latin American labor and raw materials are the foundation for the desire of our neighbors to the (global) South to move to the (global) North. And once over the frontier of El Norte, Hispanic immigrants further the enrichment of US elites by providing cheap labor. For Gonzalez, this foundation places US government officials in a hypocritical position of decrying the effects of demographic movement northward--welfare payments made out of the pockets of US citizens, rising crime, drug trafficking, general social disintegration--when US financial elites have caused and benefited from them. Surely we have heard the indictment about US world domination before, especially in the pages of The Nation (not as often in the mainstream, though), but what makes Gonzalez's take unique, I think, is that he frames the critique within the specific realities of Hispanics living in the United States. Note one of many examples: The consequences of the repeated annexation of Mexican territory between 1836 and 1853 were as lucrative for the isolated yeoman culture that characterized the United States at that time as they were devastating not only for the Mexican residents living in those vast territories but for Latin America as a whole. Mexico lost half its land and major mineral resources, and the new US territory would later pave the way for cheap labor for US corporations.
Another argument in Gonzalez's "harvest" is that the Hispanic influx is different from other immigrations to this country. It is not that the Hispanic situation is unique; in fact, Gonzalez uses other immigrant experiences as models for comparison. It is rather that certain dimensions of late-twentieth-century capitalism (on the global scale) have made for differences. Hispanic immigration is occurring at a moment when multinational corporations enjoy a prosperity and control over markets that were not the case during previous periods of high immigration to the United States. In addition, the fluidity of Hispanic immigration--the fact that many Spanish speakers come here with the intention of returning, an intention realized in many cases because of the greater accessibility of travel--is different from previous patterns. Moreover, what makes Hispanic immigration different, perhaps more in quantitative than qualitative terms, is the relative importance and unity created as the result of language. The polemic over language instruction, the use of Spanish on the job and in the media, its marker as a definitive ethnic trait that transcends national boundaries, the debate about the United States as a bilingual nation by definition--all serve to strengthen Gonzalez's insistence that we as US citizens would do well to pay more attention to Hispanics regardless of the European ethnicities that, as Todd Gitlin puts it in The Twilight of Common Dreams, are chosen like flavors of ice cream. Mexican society recently witnessed a political transformation that is sure to have far-reaching consequences for all US residents. Yet if our media continue to focus their attention on the pathetic Hispanic imaginary, i.e., the Elián Show, we will remain unprepared for these repercussions.
There is no end to this in sight, says Gonzalez, which is another argument in his crop. The much-mentioned statistic that, by the mid-twenty-first century, one in four US citizens will be Hispanic is simply one projection out of many that point to the writer's hope (along with that of José Martí) that North America will come to know the other America, so that it will cure itself of its scorn. More and more Hispanics are becoming citizens; the median age of Hispanics is far younger than that of most other Americans; there is a rising political consciousness among Latinos, as well as a rising middle class; and all this is occurring as free-trade ideology is wreaking economic havoc on the people most in need of improvement of material conditions in their native lands.
No, there is no end in sight. If I may add a Midwestern story to Gonzalez's all-encompassing one, I'll point out that we've got troubles too, right here in mid-Missouri. Sedalia, Marshall and Mílan--communities that I'm sure the sophisticated Latinos of San Francisco would consider pueblachos de mala muerte (cowtowns)--have seen dramatic increases in their Hispanic populations because of work opportunities in the meatpacking industry. Outside of a few gruesome accidents and violations of child-labor laws, we don't have major problems (yet). But what if the boom economy runs out of steam? What if there are layoffs of these hard-working young women and men?
The images of La Ciudad that caught my imagination return. Perhaps the shot of the New York skyline from that working no man's land lurks in our memories because it fuses a cityscape with the lives of people, people whom we first see as others. Yet with the wide angle, we come to know them as mirrors of ourselves. Carlos Fuentes puts it poignantly when, in The Buried Mirror, he evokes without mentioning it the North/South division that is the mainstay of Gonzalez's discussion:
California, and in particular the city of Los Angeles facing the Pacific basin, the North American bridge to Asia and Latin America, poses the universal question for the coming century: How do we deal with the other? North Africans in France; Turks in Germany; Vietnamese in Czechoslovakia [before the division]; Pakistanis in England; black Africans in Italy; Japanese, Koreans, Chinese, Latin Americans in the United States. Instant communication and economic dependence have transformed the once isolated problem of immigration into a universal, definitive and omnipresent reality.
The likely impact of the next few Supreme Court appointments on civil rights and racial justice is momentous. So much hangs in the balance that one feels simultaneously energized to make the upcoming election count, while despondent because so much struggle has nevertheless left progress so contingent on this election. Many people erroneously assume that racial progress in America is somehow inevitable. Put simply, however, the nation's moral compass is not too keen an instrument as regards minority rights. It is frequently misdirected by the flux of political passions and majority self-interest, so that fundamental matters of vision, values and ends are hotly contested.
The project of racial reconciliation and historical correction is "constitutional" in the deepest, multiple senses of that word. One might expect that nonpolitical courts would be powerful engines for that project, but America's moral confusion is perhaps more apparent in the courts than in other precincts. Moreover, the next four years are certain to see a series of vital issues come before the High Court, and the outcomes are up for grabs this November.
The Constitution's principal tool for racial and ethnic justice is the equal protection clause of the Fourteenth Amendment. Longstanding Supreme Court doctrine interprets that clause to subject government decisions making use of race to a high standard of justification termed "strict scrutiny." This standard requires that the government's action serve a "compelling interest" and be "narrowly tailored" to fit that interest. Similar dilemmas of justification and proof occur in civil rights disputes that involve antidiscrimination laws rather than the Constitution itself.
Many recent affirmative action and voting rights decisions have been decided by a 5-to-4 vote against minority plaintiffs or local governments attempting to employ progressive race-conscious policies to combat discrimination or promote inclusion of one form or another. Justice Sandra Day O'Connor, who's written the majority opinions in some of the crucial affirmative action cases, has often included language that purports to moderate the views of the more conservative members of the Court. For example, in Adarand Constructors, Inc. v. Peña (1995), which involved set-asides in federal contracts for minority contractors, she made clear that the application of the strict scrutiny test would not be fatal to all federal affirmative action programs involving race-conscious policies, but that the one in Adarand seemed to trouble her. In her concurring opinion in Bush v. Vera (1996), she provided support for the proposition that complying with the Voting Rights Act could constitute a compelling governmental interest that could partially satisfy the first part of a court's strict scrutiny analysis of race-based Congressional district lines. And in Miller v. Johnson (1995), she insisted that while race cannot be a predominant factor in drawing election district lines, absent a compelling interest it may in at least some circumstances be one among other factors, such as protection of incumbents. But just not the one in Miller.
Justices Antonin Scalia and Clarence Thomas have often presented concurrences that would go further than the majority opinions by eliminating any form of race-conscious policy. In Adarand, Scalia largely ignored the country's long history of racial discrimination by equating the "way of thinking" that caused slavery and racial animosity with efforts to remedy racial discrimination through affirmative action. Similarly, Thomas's concurrence in the Adarand case called affirmative action "noxious" and "government-sponsored racial discrimination." In another context, Holder v. Hall (1994), a voting rights case, the concurring opinion of Justices Thomas and Scalia suggested an extraordinarily narrow interpretation of the Voting Rights Act that would limit it to the most egregious individual denials of franchise. As the four dissenters noted, such a narrow position was radical and would have required the overturning or reconsideration of at least twenty-eight previous Supreme Court decisions.
So as we undertake the massive Congressional, state and local redistricting flowing from the census 2000 results, the state of the law seems to be that majority-white districts can be drawn in any shape or fashion with virtual impunity. Majority-minority districts are subjected to strict scrutiny if they look funny to the Court. The Fourteenth Amendment and the 1965 Voting Rights Act never contemplated imposing heavier burdens on minorities in achieving democratic representation, but that's where the Rehnquist Court has left us. In the coming round of postcensus litigation, things could well get worse.
Several other constitutional developments are likely during the next presidential administration: First, the Court is likely to decide whether promoting diversity in education is a compelling governmental interest for strict scrutiny purposes. This issue, which now divides the lower courts, is critically important on thousands of campuses that currently use some form of race-conscious affirmative action in either admissions, financial aid or faculty hiring. It is also important, however, in elementary and secondary schools. Districts nationwide are struggling in policy meetings and lawsuits to understand their obligations and their discretion to combat racial segregation in our schools. Rehnquist-era rulings by the Supreme Court have opened a flood of court actions that, combined with segregated residential housing patterns, have served to reverse the progress toward integration and have brought a growing trend toward racial isolation, which correlates with an increasing number of high-poverty schools. This inevitably makes more difficult our efforts to improve educational achievement and knit the social fabric required to build one prosperous nation, in which we celebrate our differences as a source of richness and strength.
A ruling that racial diversity is not a compelling interest could occur under the current Court membership, depending on whether Justice O'Connor votes her conservative record or moderate rhetoric. With new Bush appointees, the result seems all but certain, and institutions and communities across the nation will be forced to set out on a different path, compass askew.
A second major development, however, might also threaten the rationale for policies to remedy discrimination. If the Scalia/Thomas perspective commands a solid majority, then the Court would narrow the grounds for race-conscious remedies, limiting them to specific instances of intentional discrimination today or in the very recent past. They might as well demand a photograph of racial animus dripping from the lips of some identifiable perpetrator to meet their solidly conservative test of strict scrutiny.
Finally, the Court will likely face cases in education, employment, healthcare and criminal justice in which minority plaintiffs will offer overwhelming evidence of disparate harsh effects from some policy--whether a high school exit exam or criminal sentencing--and demand that the defendants meet a high standard to justify racial consequences of their actions. Will the courts continue to leave the door open so that such disparities can, in some cases, be considered evidence of discrimination requiring remedy? Many observers fear that under the current Court, these principles are hanging by a thread.
In sum, the usual Court majority in civil rights cases has been composed of Chief Justice Rehnquist and Justices O'Connor, Scalia, Thomas and Kennedy. The usual dissenting minority has been composed of Justices Stevens, Souter, Ginsburg and Breyer. Focusing on the four Justices often mentioned as potential retirees, if a President George W. Bush were to replace Justice Ginsburg, a Clinton appointee, he will confirm and accelerate the drift away from judicial solicitude for efforts to eliminate the vestiges of racial caste. Much the same will be true if Bush replaces Justice O'Connor's swing vote with a more conservative voice, because the hard-edged conservatism of the Scalia-Thomas faction would be strengthened. Their sweeping, close-the-door concurring opinions would become majority statements of doctrine, rather than the portentous minority saber-rattling they are now. And the Court would more aggressively scan the lower-court dockets seeking cases to review in order to make or confirm conservative doctrine. By contrast, a President Al Gore, given an opportunity to replace Rehnquist or O'Connor, could not only keep the opportunity door ajar but also move to erode the dispiriting Rehnquist-Reagan era retrenchments.
For minority communities that have faced difficulty over the years electing representatives of their choice, feeling that their votes might matter little if at all, the stakes on the Supreme Court make the get-out-the-vote message this fall obvious: You now have a vote. Use it or lose it.
Selma, Alabama, a touchstone in the civil rights movement, is frozen in
a way that confounds onlookers.
This is the story of Gato and Alex, two Salvadorans who as children became refugees from America's war in their homeland only to become rivals in America's gang war on the streets of Los Angeles.
A century ago, as America made clear its retreat from the egalitarian gains of Reconstruction, two powerful voices set out differing agendas for how black Americans should respond to the rise of
I was wandering around Harlem recently, late on a warm Sunday afternoon: I saw Dominican families chatting on stoops. I saw African-American families walking home from church.
In a presidential election year, few issues inspire more citizen anguish and less political substance than public education. This year is no exception.