“Chief Justice Roberts, Meet Bundy And Sterling”: An Ugly Corner Of Contemporary American Life, Invisible To The Supreme Court
It’s challenging to keep up with the latest in racist tirades, so let’s attempt a brief review. Last week, Cliven Bundy, a Nevada rancher who became a conservative folk hero for his refusal to pay his debts to the federal government, said that he often wondered if black people fared better as slaves. Then, over the weekend, a tape of what appears to be the voice of Donald Sterling, the owner of the Los Angeles Clippers, surfaced, and it featured Sterling instructing his girlfriend to avoid being photographed with black people and to refrain from bringing African-Americans to the Clippers’ basketball games.
Bundy and Sterling represent an ugly corner of contemporary American life, but it is one that is entirely invisible in recent Supreme Court rulings. In the Roberts Court, there are no Bundys and Sterlings; the real targets of the conservative majority are those who’ve spent their lives fighting the Bundys and Sterlings of the world.
Chief Justice John Roberts has made a famous utterance on the subject of race, and it’s a revealing one. The remark came in a case in which the Justices addressed perhaps the most celebrated precedent in the Court’s history: Brown v. Board of Education. In that decision, in 1954, the Justices ruled that segregated public schools were by their nature unconstitutional. In 2007, the Justices evaluated one of the many attempts that communities have made to address the legacy of legal segregation in schools. Seattle used race as one factor to determine which schools some students attended; the goal of the local initiative was integrated schools. But the Court struck down the Seattle plan as a violation of the Constitution and of Brown. Even to ameliorate segregation, the consideration of race was unconstitutional. In Roberts’ evocative phrase, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” In other words, those who were trying to integrate the schools were the ones doing the “discriminating.”
The majority engaged in the same kind of blame-shifting in a recent case, Schuette v. Coalition to Defend Affirmative Action. In response to an earlier Supreme Court decision permitting some forms of affirmative action at the University of Michigan’s law school, voters in the state passed a constitutional amendment barring any use of race in admissions. The question in the Schuette case was whether the Michigan amendment violated the U.S. Constitution. It was a close, difficult case, and the Court concluded, by a vote of six to two, that the answer was no; voters could ban affirmative action if they so chose.
It was as if the Justices in the majority and those in dissent were writing about different countries. Justice Anthony Kennedy’s opinion suggested that the debate over affirmative action should and could take place in a genteel, controversy-free zone. “In the realm of policy discussions the regular give-and-take of debate ought to be a context in which rancor or discord based on race are avoided, not invited.” (Yes, it “ought” to be, it just may be that it isn’t.) Kennedy said that the rights guaranteed by the Constitution include the people’s right to “try to shape the course of their own times and the course of a nation that must strive always to make freedom ever greater and more secure.” Apparently, this noble endeavor includes banning affirmative action.
In her dissenting opinion, Justice Sonia Sotomayor wrote about a country where the Bundys and Sterlings still hold considerable sway. Indeed, she went beyond the simple bigotry of the Bundys and Sterlings and found that more subtle wounds of racism still exist in this country. “Race matters,” she wrote, “because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: ‘I do not belong here.’” Indeed, Sotomayor threw Roberts’s famous line back at him. She quoted him—“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race”—and then wrote, “It is a sentiment out of touch with reality, one not required by our Constitution, and one that has properly been rejected as not sufficient to resolve cases of this nature. While the enduring hope is that race should not matter, the reality is that too often it does. Racial discrimination … is not ancient history.”
The vile words of the rancher and the basketball tycoon showed just how right Sotomayor was. Even if her colleagues insist otherwise, racial discrimination, far from being ancient history, is as fresh and new as the latest alert on your phone.
By: Jeffrey Toobin, The New Yorker, April 29, 2014
“The Racists Among Us”: No, Racism Isn’t Back. It Never Went Away
Let’s not pretend that deadbeat rancher Cliven Bundy and basketball team owner Donald Sterling are the last two racists in the United States. They have company.
I hear regularly from proud racists who send me — anonymously — some of the vilest and most hateful correspondence you could imagine. You’ll have to trust me about the content; this stuff, mostly vulgar racial insults directed at President Obama and first lady Michelle Obama, is too disgusting to repeat.
My sensibilities are not delicate. I grew up in South Carolina as the civil rights movement reached its climax, a place and time where racism was open, unambiguous and often violent. I would be the last person to deny that we’ve made tremendous progress against discrimination. But it is obvious that we have miles to go.
Attorney General Eric Holder Jr. was harshly criticized five years ago when he said we are “essentially a nation of cowards” in our reluctance to confront the racial issues that remain. In retrospect, Holder was merely telling a truth that many still will not acknowledge.
Bundy’s hideous assessment of “the Negro” — he wondered whether African Americans were better off as slaves, picking cotton, than they are today — should have come as no shock.
A Nevada rancher who refuses to pay for grazing his cattle on federal land, Bundy belongs to the far-right, anti-government fringe. I’m talking about the kind of people who deny the federal government has any legitimacy and expect black helicopters to land any minute. This worldview has found a home in the tea party movement, which harbors — let’s be honest — a racist strain.
This is not to say that all or most tea party adherents share Bundy’s ugly prejudices. But it has been obvious since the movement emerged that some tea partyers do. Media-savvy leaders eventually convinced those attending rallies to leave the racist placards at home, but such discretion says nothing about what remains in those people’s hearts and minds.
Racist words from Donald Sterling, a real estate mogul who owns the Los Angeles Clippers, also should have been less than surprising. In 2009, Sterling agreed to pay $2.73 million to settle a Justice Department lawsuit alleging discrimination against African American and Latino tenants in his apartment buildings. In an earlier discrimination suit, settled for an undisclosed sum, one of his property managers quoted Sterling as saying of black tenants in general that “they smell, they’re not clean.”
Still, the recording of the alleged conversation between the 80-year-old Sterling — there has been no denial that it’s his voice — and his young girlfriend dominated the weekend’s news, perhaps because it was not only racist but truly weird.
“It bothers me a lot that you want to broadcast that you’re associating with black people,” the voice believed to be Sterling’s says to the girlfriend, V. Stiviano — who is of mixed African American and Mexican heritage.
Sterling apparently believes that since Stiviano is light-skinned and has straight hair, no one has to know that she is part black — if only she would stop posting photos of herself with African Americans, such as basketball legend Earvin “Magic” Johnson, on Instagram. He instructs her not to bring Johnson to Clippers games.
Throughout the recorded conversation, which was obtained by TMZ.com, Sterling is unable to grasp why a black woman might resist his demand that she not be photographed with other black people. He apparently views racial segregation, at least in public, as the way things still ought to be.
Sterling’s racism has the National Basketball Association in an uproar — understandably, given that nearly 80 percent of the league’s players are black. Even Obama, midway through a trip to Asia, felt the need to comment on what he called Sterling’s “incredibly offensive racist statements.” He said Sterling was advertising his “ignorance.”
But something more sinister than cluelessness was involved. Sterling made clear in the conversation with Stiviano that African Americans were unwelcome in his “culture.” This is old-fashioned “separate-but-equal” racism, pure and simple.
The Republican Party, Fox News and a majority of the Supreme Court would like to believe such naked prejudice is history. Yet some big-city school systems are as segregated as they were in the 1960s. Leading public universities are admitting fewer black students than a decade ago. The black-white wealth gap has grown in recent years. Blacks are no more likely than whites to use illegal drugs, yet about four times more likely to be arrested and jailed for it.
No, racism isn’t back. It never went away.
By: Eugene Robinson, Opinion Writer, The Washington Post, April 28, 2014
“The Oldest Hatred, Forever Young”: When Hatred Is Loosed, We’re All In The Crossfire
Most of the hate crimes in the United States don’t take the fatal form that the shootings in Kansas over the weekend did, and most aren’t perpetrated by villains as bloated with rage and blinded by conspiracy theories as the person accused in this case, Frazier Glenn Miller. He’s an extreme, not an emblem.
This is someone who went on Howard Stern’s radio show four years ago (why, Howard, did you even hand him that megaphone?) and called Adolf Hitler “the greatest man who ever walked the earth.” When Stern asked Miller whether he had more intense antipathy for Jews or for blacks (why that question?), Miller chose the Jews, definitely the Jews, “a thousand times more,” he said.
“Compared to our Jewish problem, all other problems are mere distractions,” he declaimed, and he apparently wasn’t just spouting off. He was gearing up.
On Sunday, according to the police, he drove to a Jewish community center in Overland Park, Kan., and opened fire, then moved on to a nearby Jewish retirement home and did the same. Three people were killed.
They were Christian, as it happens. When hatred is loosed, we’re all in the crossfire.
On Monday, as law enforcement officials formally branded what happened in Kansas a hate crime, I looked at the spectrum of such offenses nationally: assault, intimidation, vandalism.
The Federal Bureau of Investigation keeps statistics, the most recent of which are for 2012. In the United States that year there were 6,573 hate-crime incidents reported to the bureau (a fraction, no doubt, of all that occurred). While most were motivated by race, about 20 percent were motivated by the victims’ perceived religion — roughly the same percentage as those motivated by the victims’ presumed sexual orientation. I didn’t expect a number that high.
Nor did I expect this: Of the religion-prompted hate crimes, 65 percent were aimed at Jews, a share relatively unchanged from five years earlier (69 percent) and another five before that (65 percent). In contrast, 11 percent of religious-bias crimes in 2012 were against Muslims.
Our country has come so far from the anti-Semitism of decades ago that we tend to overlook the anti-Semitism that endures. We’ve moved on to fresher discussions, newer fears.
Following 9/11, there was enormous concern that all Muslims would be stereotyped and scapegoated, and this heightened sensitivity lingers. It partly explains what just happened at Brandeis University. The school had invited Ayaan Hirsi Ali, a celebrated advocate for Muslim women, to receive an honorary degree. But when some professors and students complained, citing statements of hers that seemed broadly derisive of Islam, the invitation was withdrawn. Clearly, university officials didn’t want their campus seen as a cradle or theater of Islamophobia.
But other college campuses in recent years have been theaters of anti-Israel discussions that occasionally veer toward, or bleed into, condemnations of Jews. And while we don’t have the anti-Semitism in our politics that some European countries do, there’s still bigotry under the surface. There are still caricatures that won’t die.
One of them flared last month on the Christian televangelist Pat Robertson’s TV show. His guest was a rabbi who, shockingly, was himself trafficking in the notion that Jews excel at making money. The rabbi said that a Jew wouldn’t squander a weekend tinkering with his car when he could hire a mechanic and concentrate on something else.
“It’s polishing diamonds, not fixing cars,” Robertson interjected.
Polishing diamonds?
In a 2013 survey of 1,200 American adults for the Anti-Defamation League, 14 percent agreed with the statement that “Jews have too much power” in our country, while 15 percent said Jews are “more willing to use shady practices” and 30 percent said that American Jews are “more loyal to Israel” than to the United States.
That’s disturbing, as is the way in which the Holocaust is minimized by its repeated invocation as an analogy. In separate comments this year, both the venture capitalist Tom Perkins and Kenneth Langone, one of the founders of Home Depot, said that the superrich in America were being vilified the way Jews in Nazi Germany had been.
It’s not just Kansas and the heartland where anti-Semitism, sometimes called the oldest hatred, stays young.
A story in The Times last year focused on an upstate New York community in which three Jewish families filed suit against the school district, citing harassment of Jewish students by their peers. The abuse included Nazi salutes and swastikas drawn on desks, on lockers, on a playground slide.
When a parent complained in 2011, the district’s superintendent responded, in an email: “Your expectations for changing inbred prejudice may be a bit unrealistic.”
Well, the only way to breed that prejudice out of the generations to come is never to shrug our shoulders like that — and never to avert our eyes.
By: Frank Bruni, Op-Ed Columnist, The New York Times, April14, 2014
“The True Architects And Gatekeepers”: The ‘Real Racists’ Have Always Worn Suits
This week we’ve commemorated the 50th anniversary of the passing of the Civil Rights Act of 1964, the monumental piece of legislation aimed at outlawing discrimination based on race. A three-day-long “civil rights summit” was organized at the LBJ Presidential Library in Austin, Texas, where many past and present activists and politicians spoke on the legacy of the Civil Rights Act.
With the commemoration has come further discussion about the contemporary face of American racism (Chris Hayes hosted a great segment on the topic last night with Salon’s Brittney Cooper and New York‘s Jonathan Chait). Over at BET, Keith Boykin wrote:
Despite the progress of the past half century, the struggle continues. “The bigger difference is that back then they had hoods. Now they have neckties and starched shirts.” So said baseball hall of famer Hank Aaron in an interview with USA Today this week, in which he seemed to compare the racist klansmen of the 1960s with the supposedly post-racial cynics of our current generation.
You see, today’s racists don’t wear white hoods and scream the N-word. They wear dark suits and scream about government handouts. They don’t set up racist poll taxes to deter Blacks from voting. They set up voter ID laws to do the same thing. And they certainly don’t defend lynch mobs, which legitimize vigilante justice. Instead, they defend Stand Your Ground laws, which achieve the same purpose.
But I have trouble with this framing. It’s neat and easily digestible for anyone with only a cursory understanding of American history and racism, and therefore popular as a means of telling that history. It has broad appeal, but it’s not accurate. It flattens history and does the work of placing the onus for past bad deeds on a select few. It reinforces the image of “the real racist” as one who expressed their hatred in demonstrably violent ways. It suggests that racists have simply become more sophisticated, changing the tactics of their hatred from burning crosses to writing legislation, from white hoods to business suits, as that Hank Aaron quote contends.
Here’s the problem with that narrative: the architects and gatekeepers of American racism have always worn neckties. They have always been a part of the American political system.
I understand the impulse in wanting to find some way to convey that what we’re dealing with currently is a system of racism that is less overt than it once was. Saying things like “we’ve gone from white hoods to business suits” is one way to seem to speak to contemporary racism’s less vocal, yet still insidious nature. But it does a disservice to the public understanding of racism, and in the process undercuts the mission of drawing attention to contemporary racism’s severity.
It wasn’t the KKK that wrote the slave codes. It wasn’t the armed vigilantes who conceived of convict leasing, postemancipation. It wasn’t hooded men who purposefully left black people out of New Deal legislation. Redlining wasn’t conceived at a Klan meeting in rural Georgia. It wasn’t “the real racists” who bulldozed black communities in order to build America’s highway system. The Grand Wizard didn’t run COINTELPRO in order to dismantle the Black Panthers. The men who raped black women hired to clean their homes and care for their children didn’t hide their faces.
The ones in the hoods did commit violent acts of racist terrorism that shouldn’t be overlooked, but they weren’t alone. Everyday citizens participated in and attended lynchings as if they were state fairs, bringing their children and leaving with souvenirs. These spectacles, if not outright endorsed, were silently sanctioned by elected officials and respected members of the community.
It’s easy to focus on the most vicious and dramatic forms of racist violence faced by past generations as the site of “real” racism. If we do, we can also point out the perpetrators of that violence and rightly condemn them for their actions. But we can’t lose sight of the fact that those individuals alone didn’t write America’s racial codes. It’s much harder to talk about how that violence was only reinforcing the system of political, economic and cultural racism that made America possible. That history indicts far more people, both past and present.
By: Mychal Denzel Smith, The Nation, April11, 2014
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