Sublime

The late Derrick Bell, the first tenured African American professor at Harvard Law School, is often regarded as the progenitor of what we generally call critical race Theory, having derived the name by inserting race into his area of specialty: critical legal theory.

ideas argue that racist policies are the cause

out of raw self-interest; the racist policies necessitate racist ideas to justify them—lingers over the life of racism.

As President Lyndon B. Johnson said in 1965, “You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, ‘You are free to compete with all the others,’ and still justly believe that you have been completely fair.” As U.S. Supreme Court Justice Harry Blackmun wrote

The only remedy to racist discrimination is antiracist discrimination. The only remedy to past discrimination is present discrimination. The only remedy to present discrimination is future discrimination. As President Lyndon B. Johnson said in 1965, “You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up

Seemingly contradictory calls to lock up and to save Black people dueled in legislatures around the country but also in the minds of Americans. Black leaders joined with Republicans from Nixon to Reagan, and with Democrats from Johnson to Bill Clinton, in calling for and largely receiving more police officers, tougher and mandatory sentencing, and

The judges, however, wisely rejected that argument, quoting Thurgood Marshall's observation that given the mysteries of human motivation, “it would be unwise to presume as a matter of law that human beings of one definable group will not discriminate against other members of their group.”

There is one overmastering problem that the socially and politically disinherited always face: Under what terms is survival possible?