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The Keyes to Reclaiming the Racial History of the Roberts Court
This Article advocates for a fundamental re-understanding about the way that the history of race is understood by the current Supreme Court. Represented by the racial rights opinions of Justice John Roberts that celebrate racial progress, the Supreme Court has equivocated and rendered obsolete the historical experiences of people of color in the United States. This jurisprudence has in turn reified the notion of color-blindness, consigning racial discrimination to a distant and discredited past that has little bearing to how race and inequality is experienced today. The racial history of the Roberts Court is centrally informed by the context and circumstances surrounding Brown v. Board of Education. For the Court, Brown symbolizes all that is wrong with the history of race in the United States— legal segregation, explicit racial discord, and vicious and random acts of violence. Though Roberts Court opinions suggest that some of those vestiges still exits, the bulk of its jurisprudence indicate the opposite. With Brown’s basic factual premises as its point of reference, the Court has consistently argued that the nation has made tremendous strides away from the condition of racial bigotry, intolerance, and inequity. The Article accordingly argues that the Roberts Court reliance on Brown to understand racial progress is anachronistic. Especially as the nation’s focus for racial inequality turned national in scope, the same binaries in Brown that had long served to explain the history of race relations in the United States (such as Black- White, North-South, and Urban-Rural) were giving way to massive multicultural demographic and geographic transformations in the United States in the years and decades after World War II. All of the familiar tropes so clear in Brown and its progeny could no longer accurately describe the current reality of shifting and transforming patterns of race relations in the United States. In order to reclaim the history of race from the Roberts Court, the Article assesses a case that more accurately symbolizes the recent history and current status of race relations today: Keyes v. School District No. 1. This was the first Supreme Court case to confront how the binaries of cases like Brown proved of little probative value in addressing how and in what ways race and racial discrimination was changing in the United States. Thus, understanding Keyes and the history it reflects reveals much about how and in what ways the Roberts Court should rethink its conclusions regarding the history of race relations in the United States for the last 60 years.Saving SC State: historically black college struggles to survive
By Luis E. Gomez Associate Editor Vol. 20.; Contributing Editor Vol. 21 South Carolina State University is facing dwindling admissions and funds. It is a struggle that is common among black colleges. The school is facing a $17 million budget deficit, and lawmakers are not inclined to lend…COMMENT: Resolving the 7th Circuit’s Split on Bringing Class-Of-One Equal Protection Claims
By Jacob Hogg Associate Editor, Vol. 20 The Equal Protection Clause of the Fourteenth Amendment is one of the most celebrated and discussed topics in Constitutional Law. This clause states “No State shall [. . .] deny to any person within its jurisdiction the equal protection of the laws.”…OPINION: Why Muslim Lives Don’t Matter: Before, and Beyond, the Chapel Hill Shooting
By Khaled A. Beydoun Assistant Professor of Law, Dwayne O. Andreas School of Law Irrespective of what rallying cries, signs, or adapted hashtags proclaim – Muslim lives in America don’t matter. The aftermath of the murder of the three Muslim American students in Chapel Hill, and the broader…Supreme Court should allow disparate-impact Fair Housing Act claims
By Luis Gomez, Associate Editor, Vol. 20 Intentional racial discrimination is difficult to prove in suits like the one involving the nonprofit Inclusive Communities Project and the Texas Department of Housing, which went before the U.S. Supreme Court on January 21st. Proving the discriminatory consequences of policies implemented by government…Driving while black: Carolina city crafts racial awareness police policy
By Luis E. Gomez, Associate Editor Vol. 20 The protests in Ferguson have prompted a national debate about race and the militarization of local police forces. In Durham, North Carolina, racial profiling has played a major role in the city’s enforcement of drug laws. Civil rights advocates claim that black…It’s been 50 years since the Civil Rights Act of 1964, and the achievement gap between minorities and whites remains a salient issue
By: Daniela Tagtachian, Associate Editor Vol. 20 Students have the right to not be discriminated against based on race, color or national origin. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin, in programs and activities that receive federal…Jon Burge, Torturer of Over 100 Black Men, is Out of Prison After Less Than Four Years
By: Andrew Goddeeris, Online Production Editor Vol. 20 Yesterday, Jon Burge, who in 2010 was convicted of lying about the tortures of more than 100 black men during a reign of terror on the Chicago police force from 1972-1991, was released from prison after serving less than four years in…In the News: Skin Tone Memory Bias
A new study by researchers at San Francisco State University finds evidence of skin tone memory bias. Student participants instructed to make a mental association between a picture of an African-American man and the word “educated” tended to misidentify the man on later memory tests as having a lighter skin…COMMENT: The Appearance of Impartiality in New York City’s Stop-and-Frisk Litigation
By Andrew Goddeeris, Associate Editor, Volume 19 This past August, U.S. District Court Judge Shira Scheindlin issued a ruling in Floyd v. City of New York that challenged the New York City Police Department’s (“NYPD”) controversial use of stop-and-frisk practices in the last decade.[1] From January 2004…
