The Supreme Court will rule on presidential immunity, racial gerrymandering and abortion pills, which will hurt Black people and ignore history.
By resurfacing the stories that motivated the passage of the Reconstruction Amendments, we can see the truly misguided rationale for recent rulings on issues like abortion and voting rights.
Perhaps it is unremarkable that an institution dominated by white men since its inception struggles to be inclusive, given that only six women, two of whom are women of color, and two men of color, have served among the 116 justices. Davis’s neglected stories illuminate the radical nature of the period of Reconstruction: the amendments did not just free those who were enslaved; they laid a new foundation upon which we could build a better, more inclusive nation.
The Reconstruction Amendments extended the franchise to Black men recognizing that practices that excluded certain people from the most basic of civil rights, the right to vote, denied them the ability to participate in the creation of the rules that govern them. Even so, this Supreme Court has chipped away at voting rights by enabling gerrymandering and unduly restrictive voting rules that continually disenfranchise communities of color.
In a 2007 opinion, Justice Roberts blithely declared, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Such magical thinking cannot cut off the long tail of racial discrimination in the United States.
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