1. See John Hope Franklin, “The Two Worlds of Race: A Historical View,” in Race and History: Selected Essays, 1938–1988 (Baton Rouge: Louisiana State University Press, 1992).
2. For an overview of the present condition of African Americans from which these figures are drawn, see Orlando Patterson, “Black Americans,” in Understanding America: The Anatomy of an Exceptional Nation, ed. Peter Schuck and James Wilson (New York: PublicAffairs, 2008), chap. 13.
3. John Hope Franklin, Mirror to America: The Autobiography of John Hope Franklin (New York: Farrar, Straus, 2005), 379.
4. Julia B. Isaacs, “Economic Mobility of Black and White Families,” Pew Charitable Trust, November 13, 2007, pewtrusts.org/uploadedFiles/wwwpewtrustsorg/Reports/Economic_Mobility/EMP%20Black%20and%20White%20Families%20ES+Chapter.pdf.
5. For example, see Gary Orfield and Chungmei Lee, Racial Transformation and the Changing Nature of Segregation (Cambridge, MA: The Civil Rights Project at Harvard University, 2006).
6. For a discussion of the role of culture and how it has been treated, see Orlando Patterson, “Taking Culture Seriously: A Framework & Afro-American Illustration,” in Culture Matters: How Values Shape Human Progress, ed. Lawrence Harrison and Samuel Huntington (New York: Basic Books, 2001), 202–18.
1. Martha Minow, In Brown’s Wake: Legacies of America’s Educational Landmark (New York: Oxford University Press, 2010), 169–89.
2. Thomas J. Sugrue, The Origins of the Urban Crisis: Race and Inequality in Postwar Detroit (Princeton, NJ: Princeton University Press, 2005); Kevin M. Kruse, White Flight: Atlanta and the Making of Modern Conservatism (Princeton, NJ: Princeton University Press, 2005).
3. Howard Schuman, Charlotte Steeh, Lawrence Bobo, and Maria Krysan, Racial Attitudes in America: Trends and Interpretation, 2nd ed. (Cambridge, MA: Harvard University Press, 1997), 153–83.
4. Nancy MacLean, Freedom Is Not Enough: The Opening of the American Workplace (Cambridge, MA: Harvard University Press, 2006), 225–61.
5. Dalton Conley, Being Black, Living in the Red: Race, Wealth, and Social Policy in America (Berkeley: University of California Press, 1999).
6. According to one well-respected social scientist, between 1979 and 1999, the risk of imprisonment increased two-and-a-half times for black men who had not been to college, while it actually decreased for black men with some college education. Bruce Western, Punishment and Inequality in America (New York: Russell Sage Foundation, 2006), 27.
7. For a recent, somewhat polemical, argument for the declining relevance of civil rights law, see Richard Thompson Ford, Rights Gone Wrong: How Law Corrupts the Struggle for Equality (New York: Farrar, Straus and Giroux, 2011).
8. Jennifer L. Hochschild, Vesla M. Weaver, and Traci Burch, “Destabilizing the American Racial Order,” Daedalus 140, no. 2 (Spring 2011): 151–65; Richard Alba, Remaking the American Mainstream: Assimilation and Contemporary Immigration (Cambridge, MA: Harvard University Press, 2003).
9. Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness (New York: The New Press, 2010).
10. Stephen Ansolabehere, Nathaniel Persily, and Charles Stewart III, “Race, Region, and Vote Choice in the 2008 Election: Implications for the Future of the Voting Rights Act,” Harvard Law Review 123 (2010): 1385.
11. Michael Tesler and David O. Sears, Obama’s Race: The 2008 Election and the Dream of a Post-Racial America (Chicago: University of Chicago Press, 2010); Randall Kennedy, The Persistence of the Color Line: Racial Politics and the Obama Presidency (New York: Pantheon Books, 2011).
12. See also William Julius Wilson, More Than Just Race: Being Black and Poor in the Inner City (New York: Norton, 2009).
13. Schuman et al., Racial Attitudes in America, 114–18.
14. Jon Hanson, ed., Ideology, Psychology, and Law (New York: Oxford University Press, 2010).
1. Charles LeDuff, “At a Slaughterhouse Some Things Never Die: Who Kills, Who Cuts, Who Bosses Can Depend on Race,” New York Times, June 16, 2000, http://www.nytimes.com/2000/06/16/us/slaughterhouse-some-things-never-die-who-kills-who-cuts-who-bosses-can-depend.html?pagewanted=print&src=pm.
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.
7. Krissah Thompson, “NAACP President Benjamin Jealous Reaches Out to a Changing Membership,” Washington Post, November 3, 2009, http://www.washingtonpost.com/wp-dyn/content/article/2009/11/02/AR2009110202850.html.
8. Ibid.
9. Ibid.
10. Ibid.
11. Ibid.
12. Ibid.
13. But shared hardships don’t necessarily make allies. “As linked fate rises, so does competition,” said Michael Jones-Correa, a professor of government at Cornell who specializes in immigration and interethnic relations. “It’s like a sibling rivalry,” he said. “This is not a painless relationship.” Isabel Wilkerson, “In Florida: A Death Foretold,” New York Times, April 1, 2012, http://www.nytimes.com/2012/04/01/opinion/sunday/a-native-caste-society.html?pagewanted=all.
14. See, e.g., Lani Guinier and Gerald Torres, The Miner’s Canary: Enlisting Race, Resisting Power, Transforming Democracy (Cambridge, MA: Harvard University Press, 2003), chap. 7.
15. See Gerald Torres, “The Legacy of Conquest and Discovery,” in Borderless Borders, ed. Frank Bonilla and Maria Elena Torres (Philadelphia: Temple University Press, 2000), 153, 167–68.
16. Wilkerson, “In Florida, a Death Foretold.”
17. Lani Guinier, “From Racial Liberalism to Racial Literacy,” Journal of American History 91 (2004): 108.
18. David Levering Lewis, “The Souls of Black Folk: A Century Hence,” New Crisis 110 (2003): 18.
19. Guinier and Torres, The Miner’s Canary, 75.
20. LeDuff, “At a Slaughterhouse.”
21. See Neil Foley, Quest for Equality: The Failed Promise of Black-Brown Solidarity (Cambridge, MA: Harvard University Press, 2010).
22. Beth Roy, Bitters in the Honey: Tales of Hope and Disappointment Across Divides of Race and Time (Fayetteville: University of Arkansas Press, 1999), 324–25, 338–44.
23. “From Slavery to Freedom to the White House: Race in 21st Century America, a Conference in Honor of John Hope Franklin,” April 8, 2010, http://law.duke.edu/webcast/?match=Center+on+Law%2C+Race%2C+and+Politics.
24. Although we have taken some liberties with the transcript, we have been honest with the substance and the tone of the conversation. In our view the conversation reveals some of the fractures within a racialized social policy that our idea of political race must confront.
25. Illegal immigrants don’t have social security numbers, but they can get what’s called an I-10 number to pay taxes. See, e.g., http://www.npr.org/templates/story/story.php?storyId=9615621; see also http://www.us-immigration.com/?gclid=CKTth-vJ4K8CFYhM4Aod51wQ2g.
26. See, e.g., “Black Mamba: Illegal Immigrants Are the New Black,” New York Times Room for Debate, December 13, 2011 a black woman (“blackmamba”) from Dearborn, Michigan? Kay, Dearborn, MI
“I remember reading a treatise in college many years ago, written by Benjamin Franklin, about why white people will fall behind in population. He looked at black slaves, Native Americans and Latinos and made the case for whites losing their majority in the United States. Didn’t happen due to immigration. So much for that. The problem today is loss of “The American Dream” that many of us grew up with. The jobs we once had were outsourced due to corporate greed and their willing enablers in Congress.
As an African American whose ancestors were forced to this country, I struggle with why there is so much antipathy aimed at Hispanic immigrants. Go to any hotel, or landscaping crews or migrant workers and you will see how Hispanic workers are doing important jobs that few others want. I am sorry to say that the real issue is racism. The jobs that we once had making things have gone overseas. This has nothing to do with immigration. I am ashamed by the outright racism.”
27. See, e.g., Alexander Stille, “The Paradox of the New Elite,” New York Times, October 24, 2011, http://www.nytimes.com/2011/10/23/opinion/sunday/social-inequality-and-the-new-elite.html?pagewanted=all.
28. See, e.g., http://1nedrop.com/susie-guillory-phipps-the-state-of-louisiana-and-the-one-drop-rule. (Although Louisiana repealed its one-drop rule in 1983, a woman who contested her status as black lost because the 1983 law was not retroactive.) Apparently, the onus of proving that one is not black still rests on the individual.
29. This does not mean that King and others were unaware of the necessity to challenge economic injustice directly and systemically. See, e.g., Thomas Jackson, “‘Bread of Freedom’: Martin Luther King, Jr. and Human Rights,” OAH Magazine of History 22 (2008): 14. Abolishing class inequality and institutional racism meant “restructuring the architecture of American society” and would require organizing “new multiracial alliances” (quoting Dr. King).
30. Andrew Young, foreword to Gary Orfield and Carole Ashkinaze, The Closing Door: Conservative Policy and Black Opportunity (Chicago: University of Chicago Press, 1991), viii.
31. See Michael Dawson, “The Future of Black Politics,” Boston Review, Jan./Feb. 2012, http://www.bostonreview.net/BR37.1/ndf_michael_dawson_black_politics.php. See also our response, “Don’t Go It Alone,” Boston Review, Jan./Feb. 2012, http://www.bostonrevie.net/BR37.1/ndf_lani_guinier_gerald_torres_black_politics.php.
32. Guinier and Torres, The Miner’s Canary, 107.
33. Jackson, Martin Luther King Jr.; “Statement,” December 15,1966, in U.S. Senate, Subcommittee on Executive Reorganization, Committee on Government Operations, Federal Role in Urban Affairs (Washington, DC, Government Printing Office, 1966), 2981–82. King voiced these themes explicitly as early as 1964. Martin Luther King Jr., Why We Can’t Wait (New York: Mentor, 1964), 141, 151; King, “The Stall-In in Review,” New York Amsterdam News, May 9, 1964; Thomas F. Jackson, From Civil Rights to Human Rights: Martin Luther King, Jr., and the Struggle for Economic Justice (Philadelphia: University of Pennsylvania Press, 2007), 203, 244.
1. W.E.B. DuBois, The Souls of Black Folk (Chicago: A.C. McClurg, 1903).
2. Shelby Steele, “America’s Post-Racial Promise,” Los Angeles Times, November 5, 2008; Touré, Who’s Afraid of Post-Blackness? What It Means to Be Black Now (New York: Free Press, 2011); Matt Bai, “Is Obama the End of Black Politics?” New York Times Magazine, August 6, 2008.
3. This essay was completed too soon after the 2012 election to fully integrate its results. Preliminary assessments indicate that the voting coalition that elected Obama in 2012 was similar to that of 2008, with the most significant difference being the shift of some white voters out of Obama’s column in 2012, and the shift of some Latino voters in the opposite direction. For preliminary results, see the Pew Research Center analysis at http://www.people-press.org/2012/11/07/changing-face-of-america-helps-assure-obama-victory/.
4. Office of the Press Secretary, press release, “Remarks by the President in Remembrance of Dr. Martin Luther King, Jr.,” January 17, 2010, http://www.whitehouse.gov/the-press-office/remarks-president-remebrance-dr-martin-luther-king-jr.
5. Gunnar Myrdal, An American Dilemma (New York: Harper and Row, 1944).
6. David Hollinger “The Concept of Post-Racial: How Its Easy Dismissal Obscures Important Questions,” Daedalus 140, no. 1 (Winter 2011): 174–82.
7. See, for example, Desmond King and Rogers Smith, Still a House Divided: Race and Politics in Obama’s America (Princeton, NJ: Princeton University Press, 2011); Ian Haney López, “Is the ‘Post’ in Post-Racial the ‘Blind’ in Colorblind?” Cardozo Law Review 32, no. 3 (Jan. 2011): 807–31; Thomas Sugrue, Not Even Past: Barack Obama and the Burden of Race (Princeton, NJ: Princeton University Press, 2010).
8. Lawrence Bobo and Camille Z. Charles, “Race in the American Mind: From the Moynihan Report to the Obama Candidacy,” The ANNALS of the American Academy of Political and Social Science 621 (2009): 243.
9. Bobo and Charles, “Race in the American Mind,” 244.
10. For reviews of this literature, see Vincent Hutchings and Nicholas Valentino, “The Centrality of Race in American Politics,” Annual Review of Political Science 7 (2004): 383–408; Taeku Lee and Nicole Willcoxon, “Public Opinion, the Media, Race, and Civil Rights,” in Oxford Handbook of American Public Opinion and the Media, ed. Robert Shapiro and Lawrence Jacobs (New York: Oxford University Press, 2011).
11. David Canon, Race, Redistricting, and Representation: The Unintended Consequences of Black Majority Districts (Chicago: University of Chicago Press, 1999).
12. Nadya Terkildsen, “When White Voters Evaluate Black Candidates: The Processing Implications of Candidate Skin Color, Prejudice, and Self-Monitoring,” American Journal of Political Science 37, no. 4 (1993): 1032–53.
13. See, e.g., Lawrence D. Bobo, “Racial Attitudes and Relations at the Close of the Twentieth Century,” in America Becoming: Racial Trends and Their Consequences, volume 1, ed. Neil Smelser, William Julius Wilson, and Faith Mitchell (Washington, DC: National Academies Press, 2001); Donald Kinder and Lynn Sanders, Divided by Color: Racial Politics and Democratic Ideals (Chicago: University of Chicago Press, 1996).
14. For a good synthesis, see Shankar Vedantam, “See No Bias,” Washington Post Magazine (January 23, 2005), 12–17, 38–42.
15. For one engagement with this question, see Kristin Lane and John Tost, “Black Man in the White House: Ideology and Implicit Racial Bias in the Age of Obama,” in The Obamas and a (Post) Racial America? ed. Gregory S. Parks and Matthew W. Hughey (New York: Oxford University Press, 2011).
16. See, e.g., Tukufu Zuberi, Thicker Than Blood: How Racial Statistics Lie (Minneapolis: University of Minnesota Press, 2001); Taeku Lee, “Race, Immigration, and the Identity-to-Politics Link,” Annual Review of Political Science 11 (2008): 457–78.
17. See, e.g., Stephen Ansolabehere, Nathaniel Persily, and Charles Stewart III, “Race, Region, and Vote Choice in the 2008 Election: Implications for the Future of the Voting Rights Act,” Harvard Law Review 123, 2010: 1385–1436.
18. See, for example, A. G. Greenwald et al., “Race Attitude Measured Predicted Vote in the 2008 U.S. Presidential Elections,” Analyses of Social Issues and Public Policy 9 (2009): 241–53; B. K. Payne et al., “Implicit and Explicit Prejudice in the 2008 American Presidential Election,” Journal of Experimental Social Psychology 46 (2010): 367–74; Donald Kinder and Allison Dale-Riddle, The End of Race? Obama, 2008, and Racial Politics in America (New Haven, CT: Yale University Press, 2012); Michael Tesler and David O. Sears, Obama’s Race: The 2008 Election and the Dream of a Post-Racial America (Chicago: University of Chicago Press, 2010); Lane and Tost, “Black Man in the White House.”
19. See Payne, “Implicit and Explicit Prejudice”; Michael Lewis-Beck, Charles Tien, and Richard Nadeau, “Obama’s Missed Landslide: A Racial Cost?” PS: Political Science and Politics 43, no. 1 (2010): 69–76; Simon Jackman and Lynn Vavreck, “How Does Obama Match-Up? Counterfactuals and the Role of Obama’s Race in 2008,” unpublished manuscript, 2011; Seth Stephens-Davidowitz, “The Effects of Racial Animus on Voting: Evidence Using Google Search Data,” unpublished manuscript, 2011.
20. Taeku Lee, “Somewhere Over the Rainbow? Post-Racial and Pan-Racial Politics in the Age of Obama,” Daedalus 140, no. 2 (Spring 2011): 136–50.
21. See, e.g., Toni Morrison, Playing in the Dark (Cambridge, MA: Harvard University Press, 1990); Ian Haney López, White by Law (New York: New York University Press, 1996).
22. In this section, I rely heavily on Zoltan Hajnal and Taeku Lee, Why Americans Don’t Join the Party: Race, Immigration, and the Failure (of Political Parties) to Engage the Electorate (Princeton, NJ: Princeton University Press, 2011).
23. Ibid.
24. U.S. Citizenship and Immigration Services, Yearbook of Immigration Statistics: 2008 (Washington, DC: U.S. Department of Homeland Security, Office of Immigration Statistics, 2009).
25. Ansolabahere et al. further report that “the increase in the Democratic share of the electorate was due almost completely to increased turnout among minorities, and the decrease in the Republican share of the electorate is due to the drop off of whites,” 1411.
26. For a notable exception, see Lani Guinier, “Beyond Electocracy: Rethinking the Political Representative as Powerful Stranger,” Modern Law Review 71, no. 1 (2008): 1–35.
27. See, e.g., Richard D. Shingles, “Black Consciousness and Political Participation: The Missing Link,” American Political Science Review 75, no. 1 (1981): 76–91; Lawrence D. Bobo and Franklin D. Gilliam Jr., “Race, Sociopolitical Participation, and Black Empowerment,” American Political Science Review, 84, no. 2 (1990): 377–93; Michael C. Dawson, Behind the Mule: Race and Class in African-American Politics (Princeton, NJ: Princeton University Press, 1994); Katherine Tate, From Protest to Politics: The New Black Voters in American Elections (Cambridge, MA: Harvard University Press, 1993).
28. See, e.g., Tommie Shelby, We Who Are Dark: The Philosophical Foundations of Black Solidarity (Cambridge, MA: Belknap Press of Harvard University Press, 2005); Wendy Brown, States of Injury (Princeton, NJ: Princeton University Press, 1995); Iris Marion Young, Inclusion and Democracy (New York: Oxford University Press, 2000).
29. The concept of a linked-fate heuristic is developed in Dawson, Behind the Mule and Tate, From Protest to Politics. See also Paula McClain et al., “Group Membership, Group Identity, and Group Consciousness: Measures of Racial Identity in American Politics?” Annual Review of Political Science 12 (2009): 471–85; Jane Junn, “Mobilizing Group Consciousness: When Does Ethnicity Have Political Consequences?” in Transforming Politics, Transforming America: The Political and Civic Incorporation of Immigrants in the United States, ed. Taeku Lee, S. Karthick Ramakrishnan, and Ricardo Ramírez (Charlottesville: University of Virginia Press, 2006); Dennis Chong and Reuel Rogers, “Reviving Group Consciousness,” in The Politics of Democratic Inclusion, ed. Christina Wolbrecht and Rodney E. Hero (Philadelphia: Temple University Press, 2005).
30. Cathy Cohen, Boundaries of Blackness: AIDS and the Breakdown of Black Politics (Chicago: University of Chicago Press, 1999). See also Michael C. Dawson, Black Visions: The Roots of Contemporary African-American Political Ideologies (Chicago: University of Chicago Press, 2001); Melissa V. Harris-Perry, Sister Citizen: Shame, Stereotypes, and Black Women in America (New Haven, CT: Yale University Press, 2011).
1. A 2006 survey by the Pew Hispanic Center found that 62 percent of native-born Latinos and 64 percent of foreign-born Latinos believed the immigrants’ rights marches of May 2006 signaled the start of a new civil rights movement that will go on for a long time. See Roberto Suro and Gabriel Escobar, “National Survey of Latinos: The Immigration Debate,” Pew Hispanic Center, July 13, 2006, http://www.pewhispanic.org/files/reports/68.pdf.
2. I have elaborated on this observation elsewhere. Cristina M. Rodríguez, “Latinos and Immigrants,” Harvard Latino Law Review 11 (2008): 247.
3. Harry S. Truman, “Veto of Bill to Revise the Laws Relating to Immigration, Naturalization, and Nationality,” June 25, 1952, the American Presidency Project, http://www.presidency.ucsb.edu/ws/index.php?pid=14175. In the letter, President Truman referenced his 1948 message to Congress: “I have long urged that racial or national barriers to naturalization be abolished. This was one of the recommendations in my civil rights message to the Congress on February 2, 1948.”
4. Ibid. President Truman stated, “The idea behind this discriminatory policy was, to put it baldly, that Americans with English or Irish names were better people and better citizens than Americans with Italian or Greek or Polish names. It was thought that people of West European origin made better citizens than Rumanians or Yugoslavs or Ukrainians or Hungarians or Baits or Austrians. Such a concept is utterly unworthy of our traditions and our ideals. It violates the great political doctrine of the Declaration of Independence that ‘all men are created equal.’ It denies the humanitarian creed inscribed beneath the Statue of Liberty proclaiming to all nations, ‘Give me your tired, your poor, your huddled masses yearning to breathe free.’ ”
5. A long list of these connections could be written. When Congress in 1964 finally put an end to the Mexican guest worker regime known as the Bracero program, begun at the close of World War II to address wartime labor shortages in the Southwest, it was in part due to the political pressure exerted by unions and other civil rights activists, who drew attention to the gross exploitation of the Bracero workers, as well as to the program’s negative effects on the working conditions and wages of U.S. citizens—realities brought to the general public’s attention through Edward R. Murrow’s documentary Harvest of Shame, CBS, November 25, 1960. For a discussion of the Bracero program’s history, see Adam B. Cox and Cristina M. Rodríguez, “The President and Immigration Law,” Yale Law Journal 119 (2009): 458, 485–91.
6. See, for example, Sugarman v. Dougall, 413 U.S. 634, 646–47 (1973); Graham v. Richardson, 403 U.S. 365, 372, 376 (1971); cf. Mathews v. Diaz, 426 U.S. 67, 80–81 (1976).
7. 457 U.S. 202 (1982).
8. For an extended argument that the passage of time, which transforms illegal immigrants into members of the polity, gives rise to a moral argument for legalization, see Joseph Carens, “The Case for Amnesty: Time Erodes the State’s Right to Deport,” Boston Review, May/June 2009, http://bostonreview.net/BR34.3/carens.php.
9. The Supreme Court says as much in Plyler v. Doe, rejecting calls to apply strict scrutiny to unauthorized immigrants on the ground that the status is not morally irrelevant. 457 U.S. 202, 220 (1982).
10. In this context, it is worth pointing out that the major civil rights statutes were enacted against a backdrop of social movement protest, but major immigration reforms have more closely fit the model of interest group–driven legislation. Even the Hart-Celler Act of 1965, which made its way through Congress the same year as the Voting Rights Act and was animated by civil rights principles of equal treatment, did not result from widespread popular mobilization, but rather from lobbying by discrete ethnic groups and the State Department. 1965 Immigration and Nationality Act, H.R. 2580, 89th Cong. (1965) (enacted).
11. See Dowell Myers, Immigrants and Boomers: Forging a New Social Contract for the Future of America (New York: Russell Sage Foundation, 2007), 36–40.
12. T. Alexander Aleinikoff has articulated the pragmatic case for legalization using cost-benefit language, which is congenial to a mutual benefit narrative. See Alexander Aleinikoff, “Legalization Has Its Costs, but They Are Outweighed by the Benefits; Pragmatic Arguments May, in the End, Be Most Persuasive,” Boston Review, May/June 2009, http://bostonreview.net/BR34.3/aleinikoff.php.
13. For an astute discussion of the politics of immigration reform, noting that the obstacles to immigration reform, which in and of itself is treacherous for presidents and congressional leaders, are heightened when focused on illegal immigration, see Daniel J. Tichenor, “Navigating an American Minefield: The Politics of Illegal Immigration,” The Forum 7, no. 3 (2009): 1.
14. N. C. Aizenman, “Latinos Skeptical of Obama Immigration Efforts,” Washington Post, March 20, 2010, A3. In this article, Aizenman notes that, in fiscal year 2009, the rate of removal increased 5 percent to 387,790 removals, and that the removal of immigrants who have committed crimes increased by 19 percent.
15. For a discussion of the evolution of the 287(g) program and other programs involving federal-state collaboration in enforcement that contain similar priorities, see Cristina M. Rodríguez, Muzaffar Chishti, Randy Capps, and Laura St. John, A Program in Flux: New Priorities and Implementation Challenges for 287(g) (Washington, DC: Migration Policy Institute, 2010).
16. Another important procedural shift initiated by executive officials in 2009 was attorney general Holder’s decision to vacate the opinion issued by former attorney general Mukasey denying that ineffective assistance of counsel could be a basis for a motion to reopen, overturning twenty years of precedent and essentially establishing that, because immigrants do not have a constitutional right to counsel, they cannot claim relief based on their lawyers’ mistakes. Holder ordered the Bureau of Immigration Appeals to continue applying past precedent on ineffective assistance of counsel pending a rulemaking on the subject. Compean, 25 I&N Dec. 1 (A.G. 2009). Interim Decision #3643. This move simultaneously acknowledges the importance of counsel to the immigrant’s ability to defend his interests in removal proceedings and the value of procedural protections, such as the right to counsel, to the integrity of the regime of immigration adjudication, because of the role that counsel plays both in checking the government’s power and helping to approximate the correct outcome in adjudications.
17. U.S. Immigration and Customs Enforcement, “ICE Announces Major Reforms to Immigration Detention System,” news release, Aug. 6, 2009, http://www.ice.gov/pi/nr/0908/090806washington.htm.
18. See Dora Schriro, “Immigration Detention Overview and Recommendations,” U.S. Immigration and Customs Enforcement, Department of Homeland Security, October 6, 2009, http://www.ice.gov/doclib/about/offices/odpp/pdf/ice-detention-rpt.pdf.
1. People v. Hall, 4 Cal. 399 (1854).
2. Noel Ignatiev, How the Irish Became White (New York: Routledge, 1995), 2.
3. David Roedriger, Working Toward Whiteness: How America’s Immigrants Became White (New York: Basic Books, 2005), 27.
4. Touré, Who’s Afraid of Post-Blackness: What It Means to Be Black Now (New York: Free Press, 2011), 32.
5. Ibid.
6. Ibid., 25.
7. See James Baldwin, “A Talk to Teachers,” Saturday Review, December 21, 1963.
8. Zora Neale Hurston, “How It Feels to Be Colored Me,” World Tomorrow, May, 11 1928.
9. Ibid.
10. Ibid.
11. For a provocative essay on what it means to be white or nonwhite, see Eric Liu, “Notes of a Native Speaker,” Washington Post, May 17, 1998.
12. Andrew Malcolm, “Chris Matthews Approvingly Says ‘I Forgot He Was Black’ of Obama’s Speech,” Los Angeles Times, January 27, 2010.
13. Jeffrey Toobin, “Annals of Law: Partners,” New Yorker, August 29, 2011.
14. Barack Obama, The Audacity of Hope: Thoughts on Reclaiming the American Dream (New York: Crown, 2006), 231.
15. Michael Fletcher, “Justice Thomas Faces Down Critics,” Washington Post, July 30, 1998.
16. W.E.B. DuBois, The Souls of Black Folk (Chicago: A.C. McClurg, 1903).
17. Jane Mayer and Jill Abramson, Strange Justice: The Selling of Clarence Thomas (Boston: Houghton Mifflin, 1994), 52.
18. Barack Obama, “The America We Love” (address, Independence, MO., June 30, 2008).
19. Fletcher, “Justice Thomas Faces Down Critics.”
20. Barack Obama, “A More Perfect Union” (address, National Constitution Center, Philadelphia, PA, March 18, 2008).
21. Helene Cooper, “Attorney General Chided for Language on Race,” New York Times, March 7, 2009. Obama agreed with Holder that “we’re oftentimes uncomfortable talking about race until there’s some sort of racial flare up or conflict,” but said, “I think it’s fair to say that if I had been advising my attorney general, we would have used different language.”
22. See Stephen F. Smith, “Clarence X? The Black Nationalist Behind Justice Thomas’s Constitutionalism,” New York University Journal of Law and Liberty 4 (2009): 583; Angela Onwuachi-Willig, “Just Another Brother on the SCT?: What Justice Clarence Thomas Teaches Us About the Influence of Racial Identity,” Iowa Law Review 90 (2005): 931.
23. Smith, “Clarence X?,” Onwuachi-Willig, “Just Another Brother?”
24. 538 U.S. 343 (2003) (Thomas, J., dissenting).
25. Linda Greenhouse, “An Intense Attack by Justice Thomas on Cross Burning,” New York Times, December 12, 2002.
26. Ibid.
27. Jeffrey Rosen, “Annals of Law: Moving On,” New Yorker, April 29, 1996.
28. 558 U.S. 310 (2010).
29. Toobin, “Annals of Law.”
30. 561 U.S. 3025 (2010) (Thomas, J., concurring).
31. Derrick Bell, “Who’s Afraid of Critical Race Theory?” University of Illinois Law Review, 1995, no. 4: 908.
32. Obama, The Audacity of Hope, 239.
33. David Jackson, “Obama Rejects Congressional Black Caucus Criticism,” USA Today, December 3, 2009.
34. Juan Williams, “A Question of Fairness,” Atlantic, February 1987, 56.
35. Rosen, “Annals of Law.”
36. Derrick Bell, “Racial Realism,” Connecticut Law Review 24 (1992): 363–79.
37. “Clarence Thomas: The Justice Nobody Knows,” 60 Minutes, February 11, 2009.
38. Obama, “A More Perfect Union.”
39. Terry McDermott and Mark Z. Baraban, “Crowds Adore Obama,” Los Angeles Times, December 11, 2006.
40. 515 U.S. 200, 240 (1995) (Thomas, J., concurring).
41. 551 U.S. 701, 780–81 (2007) (Thomas, J., concurring).
42. Clarence Thomas, My Grandfather’s Son: A Memoir (New York: Harper, 2007), 87, 99.
43. Cooper, “Attorney General Chided.”
44. David Paul Kuhn, “Obama Shifts Affirmative Action Rhetoric,” Politico, August 10, 2008.
45. Obama, The Audacity of Hope, 245–46.
46. Ibid., 247.
47. Maureen Dowd, “McCain’s Green-Eyed Monster,” New York Times, August 5, 2008.
48. Kuhn, “Obama Shifts.”
49. Ibid.
50. Obama, “A More Perfect Union.”
51. Juan Williams, “EEOC Chairman Blasts Black Leaders,” Washington Post, October 25, 1984.
52. Barack Obama, address to the Congressional Black Caucus (CBC) Foundation Gala, September 24, 2011, Washington, DC.
53. Barack Obama, address to the National Association for the Advancement of Colored People (NAACP) Centennial Convention, July 16, 2009, New York, NY.
54. Ibid.
55. Barack Obama, address to the Apostolic Church of God, June 15, 2008, Chicago, IL, http://www.huffingtonpost.com/2008/06/15/obamas-fathers-day-speech_n_107220.html.
52. “Obama’s Racial Identity Still an Issue,” CBSNews.com, February 11, 2009.
57. U.S. Congress. Senate. Committee on the Judiciary. Nomination of Judge Clarence Thomas to Be Associate Justice of the Supreme Court of the United States. 102nd Cong., October 11, 1991.
58. “The President’s Agenda and the African American Community,” November 2011, http://www.whitehouse.gov/sites/default/files/af_am_report_final.pdf.
59. Suzanne Gamboa, “Obama Seeks Ideas on Reducing Black Joblessness,” Associated Press, November 10, 2011, http://www.businessweek.com/ap/financialnews/D9QTU5RO0.htm.
60. Ibid.
61. Rakesh Kochnar et al., Wealth Gaps Rise to Record Highs Between Whites, Blacks, Hispanics (Pew Research Center, July 2011), http://pewresearc.org/pubs/2069/housing-bubble-subprime-mortgages-hispanics-blacks-household-wealth-disparity.
62. Ibid.
63. Ibid.
64. Marc Mauer and Ryan S. King, Uneven Justice: State Rates of Incarceration by Race and Ethnicity (Washington, DC: The Sentencing Project, July 2007), http://sentencingproject.org/doc/publications/rd_stateratesofincbyraceandethnicity.pdf.
65. Lauren Glaze and Laura Maruschak, Parents in Prison and Their Minor Children (Washington, DC: BJS Special Report, March 2010), http://bjs.ojp.usdoj.gov/content/pub/pdf/pptmc.pdf.
66. William Sabol and Heather Couture, Prison Inmates at Midyear 2007 (Washington, DC: BJS Bulletin, June 2008), http://bjs.ojp.usdoj.gov/content/pub/pdf/pim07.pdf.
67. 539 U.S. 306, 349–50 (2003) (Thomas, J., separate opinion).
68. Randall Kennedy, The Persistence of the Color Line (New York: Pantheon Books, 2011), 224.
69. Obama, address to the National Association for the Advancement of Colored People (NAACP) Centennial Convention.
70. Barack Obama, remarks in a town hall meeting, August 15, 2011, Decorah, Iowa, http://www.whitehouse.gov/the-press-office/2011/08/15/remarks-president-town-hall-meeting-decorah-iowa.
71. Regents of Univ. of California v. Bakke, 438 U.S. 265, 407 (1978) (Blackmun, J., separate opinion).
72. “Obama’s Hip-Hop BBQ Didn’t Create Jobs,” Fox Nation, August 5, 2011, http://nation.foxnews.com/president-obama/2011/08/05/obama-parties-chris-rock-jay-z-and-whoopi-while-rome-burns.
1. Noah Feldman, “The United States of Justice Kennedy,” Bloomberg, May 30, 2011, http://www.bloomberg.com/news/2011-05-30/how-it-became-the-united-states-of-justice-kennedy-noah-feldman.html.
2. 129 S. Ct. 2658 (2009).
3. Ibid., (Scalia, J., concurring).
4. 539 U.S. 461 (2003).
5. Ibid., 491 (Kennedy, J., concurring).
6. The term “Second Reconstruction” was popularized by the historian C. Vann Woodward, referring to the modern civil rights movement during which African Americans regained many of the rights that were lost at the close of the post–Civil War Reconstruction. In this essay, the term refers to the major civil rights acts of the 1960s, which enshrined these rights: the Civil Rights Act of 1964, and the Voting Rights Act of 1965.
7. See Grutter v. Bollinger, 539 U.S. 306 (2003); see also Chisom v. Roemer, 501 U.S. 380 (1991) (Kennedy, J., dissenting); Johnson v. DeGrandy, 512 U.S. 997, 1026 (1994) (Kennedy, J., concurring).
8. 548 U.S. 399 (2006).
9. 551 U.S. 701, 797 (2007).
10. 129 S. Ct. 1231 (2009).
11. 129 S. Ct. 2658 (2009).
12. See Adam Liptak, “A Significant Term, with Bigger Cases Ahead,” New York Times, June 28, 2011 (citing Professors Lee Epstein and Andrew Martin for the conclusion that the odds that “nine truly independent judges finding themselves in just two configurations a dozen times out of 14” is 1 in 44.2 quintillion).
13. See Luis Fuentes-Rohwer, “The End of the Second Reconstruction” (draft on file).
14. See Lee Epstein and Tonja Jacobi, “Super Medians,” Stanford Law Review 61 (2008): 37.
15. Ibid., 51.
16. See ibid., 54 (fig. 3).
17. 488 U.S. 469 (1989).
18. 497 U.S. 547 (1990).
19. 488 U.S. 519.
20. Metro Broadcasting, 497 U.S. 632, 633 n.1, and 635.
21. See, e.g., Miller v. Johnson, 515 U.S. 900 (1995); Rice v. Cayetano, 528 U.S. 495 (2000).
22. Presley v. Etowah County Commission, 502 U.S. 491 (1992); Holder v. Hall, 512 U.S. 874 (1994).
23. 512 U.S. 997 (1994).
24. Ibid., 1026.
25. Ibid.
26. 42 U.S.C. sec. 1973 (cited ibid., 1026–27).
27. DeGrandy, 512 U.S. 1027.
28. Ibid. (citing Voinovich v. Quilter, 507 U.S. 146, 151–52 (1993); Abigail Thernstrom, Whose Votes Count? Affirmative Action and Minority Voting Rights, 210–16 (Cambridge, MA: Harvard University Press, 1987); Carol Swain, Black Faces, Black Interests, ch. 6 (Cambridge, MA: Harvard University Press, 1993)).
29. DeGrandy, 512 U.S. 1027 (citing Metro Broadcasting, Inc. v. FCC, 497 U.S. 547, 636 (1990) (Kennedy, J., dissenting)).
30. Ibid., 1029 (citing Metro Broadcasting, Inc. v. FCC 497 U.S. 636–37 (Kennedy, J., dissenting)).
31. Ibid., 1030 (citing Shaw v. Reno, 509 U.S. 630, 657 (1993)).
32. Ibid., 1029 (citing City of Richmond v. Croson, 488 U.S. 469 (1989) (Kennedy, J., concurring)).
33. Heather K. Gerken, “Justice Kennedy and the Domains of Equal Protection,” Harvard Law Review 121 (2007): 104.
34. 551 U.S. 701 (2007).
35. Ibid., 787–88.
36. Parents Involved, 551 U.S. 788.
37. 548 U.S. 399 (2006).
38. See Georgia v. Ashcroft, 539 U.S. 461, 491 (2003) (Kennedy, J., concurring).
39. On this point, see LULAC, 548 U.S. 399, 497 (2006) (Roberts, J., dissenting).
40. See ibid., 498–500.
41. 515 U.S. 900 (1995).
42. Ibid., 927–28.
43. Ibid., 440.
44. Miller v. Johnson, 515 U.S. 900, 911–12 (1995) (quoting Shaw v. Reno, 509 U.S. 630, 647 (1993)); see Metro Broadcasting v. FCC, 497 U.S. 547, 636 (1990) (Kennedy, J., dissenting): “The perceptions of the excluded class must also be weighed, with attention to the cardinal rule that our Constitution protects each citizen as an individual, not as a member of a group.”).
45. Epstein and Jacobi, “Super Medians,” 51.
46. 515 U.S. 900 (1995).
47. 532 U.S. 234 (2001).
48. See Pamela S. Karlan, “The Law of Small Numbers: Gonzalez v. Carhart, Parents Involved in Community Schools, and Some Themes from the First Full Term of the Roberts Court,” North Carolina Law Review 86 (2008): 1369.
49. Ibid., 1377.
50. Ibid.
51. Gerken, “Justice Kennedy,” 118; Reva B. Siegel, “From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases,” Yale Law Journal 120 (2011): 1278.
52. Ibid., 1299.
53. See Ricci v. DeStefano, 129 S. Ct. 2658, 2676–77 (2009).
54. See Michelle Adams, “Is Integration a Discriminatory Purpose?” Iowa Law Review 96 (2011): 837; Cheryl I. Harris and Kimberly West-Faulcon, “Reading Ricci: Whitening Discrimination, Racing Test Fairness, UCLA Law Review 58 (2010): 73.
55. Siegel, “From Colorblindness,” 1337.
56. See ibid., 1345.
57. See Jeffrey A. Segal and Harold J. Spaeth, The Supreme Court and the Attitudinal Model Revisited (Cambridge, UK: Cambridge University Press, 2002).
58. Feldman, “United States.”
59. See Alden v. Maine, 527 U.S. 706, 715 (1999): “The States thus retain ‘a residuary and inviolable sovereignty.’ They are not relegated to the role of mere provinces or political corporations, but retain the dignity, though not the full authority, of sovereignty” (quoting The Federalist 39, 245 (C. Rossiter ed. 1961) (J. Madison)).
60. See Georgia v. Ashcroft, 539 U.S. 461, 491 (2003) (Kennedy, J., concurring).
61. See Ricci v. DeStefano, 129 S. Ct. 2658 (2009).
62. 521 U.S. 507 (1997).
63. Ibid., 519.
64. Ibid., 520.
65. Ibid., 529 (citing Marbury v. Madison).
66. See Douglas Laycock, “Conceptual Gulfs in City of Boerne v. Flores,” William and Mary Law Review 39 (1998): 743.
67. City of Rome v. United States, 446 U.S. 156, 210–11 (1980) (Rehnquist, J., dissenting).
68. See Katzenbach v. Morgan, 384 U.S. 641, 688 (1966) (Harlan, J., dissenting).
69. NAMUDNO v. Holder, oral argument, 36.
70. Ibid., 35–36.
71. NAMUDNO v. Holder, 129 S. Ct. 2504, 2512 (2009).
72. See Voting Rights Act: Hearings on S. 1564 Before the Senate Comm. on the Judiciary, 89th Cong. 564 (1965) (testimony of Leander Perez). This charge was later echoed by Justice Black in his partial dissent in South Carolina v. Katzenbach, 383 U.S. 301, 358–60 (1966) (Black, J., dissenting in part).
73. See NAMUDNO v. Holder, 129 S. Ct. 2504, 2511 (2009).
74. See NAMUDNO v. Holder, oral argument, 27.
75. 129 S. Ct. 2504 (2009).
76. For example, in Vieth v. Jubelirer, 541 U.S. 267 (2004), four justices were ready to brand political gerrymandering cases as political questions, while four justices were prepared to provide judicially manageable standards. Unable to agree with either side, yet unsure that either side had the better argument, Justice Kennedy set the question aside for the future. An answer still awaits.
77. Randall Kennedy, The Persistence of the Color Line: Racial Politics and the Obama Presidency (New York: Pantheon Books, 2011), 255.
78. See Alexander M. Bickel, The Least Dangerous Branch: The Supreme Court at the Bar of Politics, 2nd ed. (Binghamton, NY: Vail-Ballou Press, 1986).
79. See Derrick A. Bell, “Brown v. Board of Education and the Interest-Convergence Dilemma,” Harvard Law Review 93 (1980): 518.
1. Author to Chris Johnson, electronic mail, 25 Jan. 2010.
2. Chris Johnson to author, electronic mail, 25 Jan. 2010.
3. Brian Holloway to author, electronic mail, 27 Jan. 2010.
4. Ibid.
5. Brian Holloway to author, electronic mail, 28 Jan. 2010.
6. Karen Holloway to author, electronic mail, 28 Jan. 2010.
7. Wendell Holloway to author, electronic mail, 27 Jan. 2010.
8. Wendell Holloway, telephone interview with author, Jan. 2010. Later on, in a follow-up conversation, my father was more pointed, saying he had to get out of the Air Force because he was “tired of killing people.” My father also feels to this day that the death of his first child, David—an older brother I never met—was caused by radiation exposure at one of the Air Force bases where the family was stationed. All of the pilots had to walk around with dosimeters on their chests to gauge radiation exposure, but there was nothing available for the families. That the Air Force “took enough of” him reads on multiple levels, all shot through with trauma.
1. Peter Applebome, “John Hope Franklin, Scholar and Witness,” Week in Review, New York Times, March 28, 2009.
2. John Hope Franklin, Mirror to America: The Autobiography of John Hope Franklin (New York: Farrar, Straus and Giroux, 2005), 3.
3. Ibid., 62.
4. Applebome, “John Hope Franklin.”
5. Franklin, Mirror to America, 376.
6. John Hope Franklin, “The Historian and the Public Policy,” in his Race and History (Baton Rouge: Louisiana State University Press, 1990; rep. 1992).
7. The Free Negro in North Carolina, 1790–1860 (Chapel Hill: University of North Carolina Press, 1943; 1995).
8. Reconstruction After the Civil War (University of Chicago Press, 1961; pbk. ed., 1963, 1995).
9. The Militant South, 1800–1861 (Belknap Press of Harvard University, 1956; rep., University of Illinois Press, 2002).
10. [With Loren Schweninger] Runaway Slaves: Rebels on the Plantation, (Oxford University Press, 2005).
11. George Washington Williams: A Biography (University of Chicago Press, 1985; repr., Duke University Press, 1998).
12. The Color Line: Legacy for the Twenty-first Century (University of Missouri Press, 1993); Racial Equality in America (University of Chicago Press, 1976; rep., University of Missouri Press, 1993).
13. “Edward Bellamy and the Nationalist Movement,” New England Quarterly 11 (December 1938): 739–72.
14. A Southern Odyssey: Travelers in the Antebellum North (Louisiana State University Press, 1976).
15. From Slavery to Freedom: A History of African Americans (Alfred A. Knopf, 1947; revised and enlarged, 1957, 1967; with Alfred Moss, 1974, 1980, 1987, 1994, and 2000; Vintage pbk. ed., Random House, 1969; Indian edition, 1973; Japanese translation, 1974; German translation, 1978; French translation, 1984; Portuguese translation, 1989; Chinese translation, 1990; revised with Evelyn Brooks Higginbotham: McGraw-Hill, 2010).
16. Franklin, Mirror to America, 127–28.
17. Kenneth M. Stampp, The Peculiar Institution: Slavery in the AnteBellum South (New York: Vintage Books, 1956; 1989).
18. Ulrich B. Phillips, American Negro Slavery (New York: Appleton, 1918; BiblioLife, 2008).
19. Malcolm X, The Autobiography of Malcolm X (New York: Ballantine Books, 1999), 205.
20. For an appraisal of this historiography, see Orlando Patterson, “Rethinking Black History,” Harvard Educational Review 41, no. 3 (1971): 297–315; see also, Orlando Patterson, The Ordeal of Integration (New York: Civitas, 1997), 77–81.
21. John Hope Franklin, “The Two Worlds of Race: A Historical View,” in Race and History: Selected Essays, 1938–1998 (Baton Rouge: Louisiana State University Press, 1992), 41; Franklin, Mirror to America, 381.
22. Franklin, “Slavery and the Martial South,” Journal of Southern History 37 (1952); reprinted in Race and History, 102–103.
23. The influence of W. J. Cash’s great work The Mind of the South, first published in 1941, must be acknowledged. Franklin, however, was one of the earliest to explore this thesis in a major academic work.
24. Franklin, “The Practices of History,” in Race and History, 71.
25. Peter Applebome, “John Hope Franklin.”
26. Franklin, Mirror to America, 37.
27. Ibid., 379.
28. For a discussion of the role of culture and how it has been treated, see Orlando Patterson, “Taking Culture Seriously: A Framework and Afro-American Illustration,” in Lawrence Harrison and Samuel Huntington, ed., Culture Matters: How Values Shape Human Progress (New York: Basic Books, 2001), 202–18. On culture and black youth, see the forthcoming collaborative work edited by Orlando Patterson and Ethan Fosse, to be published by Harvard University Press, 2013.
29. Franklin, Mirror to America, 380.
30. Ibid., 382.
31. Ibid., 381.
1. See, for example, Robert H. Frank, “When It Really Counts Qualifications Trump Race,” New York Times, November 16, 2008; Michael Eric Dyson, “Barack Obama’s Victory Represents a Quantum Leap in the Racial Progress of White America,” Los Angeles Times, November 5, 2008; Abigail Thernstrom and Stephan Thernstrom, “Racial Gerrymandering Is Unnecessary,” Wall Street Journal, November 11, 2008.
2. Bob Herbert, “Take a Bow America,” New York Times, November 8, 2008.
3. See, for example, Michael Crowley, “Post-Racial, Even White Supremacists Don’t Hate Obama,” New Republic, March 12, 2008, 7; Shelby Steele, “Obama’s Post-Racial Promise,” Los Angeles. Times, November 5, 2008; Tim Rutten, “The Good Generation Gap,” Los Angeles Times, February 6, 2008.
4. See, for example, Michael Fauntroy, “Enough of This ‘Post Racial’ America Stuff,” Huffington Post, December 28, 2008, http://www.huffingtonpost.com/michael-fauntroy-phd/enough-of-this-post-racia_b_15449.html; “A New ‘Post-Racial’ Political Era in America,” narrated by Daniel Schorr, NPR, January 28, 2008, http://www.np.org/templates/story/story.php?storyId=18489466; see also Leonard Pitts Jr., “Commentary: ‘Post-Racial’ America Isn’t Here Yet,” CNN, March 28, 2009, http://www.cnn.com/2009/POLITICS/03/28/pitts.black.america/index.html.
5. Thernstrom and Thernstrom, “Racial Gerrymandering.”
6. See, for example, Mark K. Warren, Fire in the Heart: How White Activists Embrace Racial Justice (New York: Oxford University Press, 2010), 2; Reginald T. Shuford, “Why Affirmative Action Remains Essential in the Age of Obama,” Campbell Law Review 31 (May 2009): 503; Matthew T. Hughey, “Measuring Racial Progress in America: The Tangled Path,” in The Obamas and a (Post) Racial America?, ed. Gregory S. Parks and Matthew W. Hughey (New York: Oxford University Press, 2011), 13–20; Pitts, “ ‘Post-Racial’ America Isn’t Here Yet.”
7. Frank Newport, “Americans See Obama Election as Race Relations Milestone,” November 5, 2008, http://www.gallup.com/poll/111817/americans-see-obama-election-race-relations-milestone.aspx.
8. Ibid.
9. Fauntroy, “Enough of This ‘Post Racial’ America Stuff”; “A New ‘Post-Racial’ Political Era in America”; see also Pitts, “ ‘Post-Racial’ America Isn’t Here Yet.”
10. Howard Schuman, Charlotte Steeh, Lawrence Bobo, and Maria Krysan, Racial Attitudes in America: Trends and Interpretations, 2nd ed. (Cambridge, MA: Harvard University Press, 1997), 104.
11. Ibid.
12. Lawrence T. Bobo and Camilla Z. Charles, “Race in the American Mind: From the Moynihan Report to the Obama Candidacy,” in The Moynihan Report Revisited: Lessons and Reflections After Four Decades, ed. Douglass S. Massey and Robert J. Sampson (Thousand Oaks, CA: SAGE, 2009), 245.
13. Jeffrey M. Jones, “Record-High 86% Approve of Black-White Marriages,” Gallup, September 12, 2011, http://www.gallup.com/poll/149390/Record-High-Approve-Black-White-Marriages.aspx?ref=more. When this question was first asked by Gallup in the 1950s, just 4 percent approved.
14. Husna Haq, “Interracial Marriage: More Than Double the Rate in the 1980s,” Christian Science Monitor, June 4, 2010, http://www.csmonitor.com/USA/Society/2012/0216/Interracial-marriage-rate-doubles-in-30-years-how-US-attitudes-have-changed.
15. Shuford, “Why Affirmative Action Remains Essential,” 507.
16. Ibid.
17. Notable events include the vitriolic attacks directed at President Obama at town hall meetings to promote his health care plan.
18. One such event includes the “You lie” outburst by GOP representative Joe Wilson during the president’s 2009 State of the Union.
19. Darrel Enck-Wanzer, “Barack Obama, the Tea Party, and the Threat of Race: On Racial Neoliberalism and Born Again Racism,” Communication, Culture and Critique 4, no. 1 (2011): 26.
20. Ibid.
21. Ibid.
22. Southern Poverty Law Center, “Hard-Line ‘Birthers’ Soldier on After Certificates Release,” Intelligence Report 143 (Fall 2011).
23. Ibid.
24. Ibid.
25. “Hate Crime Statistics,” Criminal Justice Information Services Division, accessed September 8, 2011, http://www2.fbi.gov/ucr/hc2009/incidents.html.
26. For a detailed description of incidents, see Jeannine Bell, Hate Thy Neighbor: Racial Violence and the Persistence of Segregation in American Housing (forthcoming, NYU Press).
27. The Fair Housing Act and hate crimes legislation may be used to prosecute acts of anti-integrationist violence. Jeannine Bell, “The Fair Housing Act and Extralegal Terror” Indiana Law Review 41 (2008): 543–48.
28. See, for example, United States v. Stewart, 65 F.3d 918 (11th Cir. 1995) (cross burned on lawn of black family because perpetrators wanted to communicate that they “were not wanted” in the all-white neighborhood); United States v. J.H.H., 22 F.3d 821 (8th Cir. 1994) (cross burned because burner was disgusted at having an African American family living in the neighborhood); United States v. Montgomery, 23 F.3d 1130 (7th Cir. 1994) (cross burned to drive out shelter for homeless black veterans); United States v. Lee, 6 F.3d 1297 (8th Cir. 1993) (cross burned to “scare off” African Americans); United States v. Long, 935 F.2d 1207 (11th Cir. 1991) (cross burned on lawn of black family in formerly all-white neighborhood to intimidate them because of their race); United States v. Anzalone, 555 F.2d 317 (2d Cir. 1997) (vandalism and arson directed against a black family that intended to move into a house); United States v. Redwine, 715 F.2d 315 (7th Cir. 1983) (after black couple moved into the all-white neighborhood approximately a block and a half away from defendants’ homes, the latter engaged in conduct intended to get the black couple to move out).
29. Jack Levin and Jack McDevitt, Hate Crimes Revisited: America’s War Against Those Who Are Different (Boulder, CO: Westview Press, 2002), 11.
30. See, for example, Lisette Livingston, “Louisiana Man Sentenced for Civil Rights Violation in Connection with Cross-Burning,” Chicago Citizen, July 2, 2010, 13 (cross burning directed at home of interracial couple in Athens, LA); Ginny Laroe, “Burnt Cross Lands 2 More in Prison,” Arkansas Democrat-Gazette, December 8, 2009 (cross burning directed at white woman and biracial children); Leonard Sparks, “Residents Confront Racism in Maryland,” Afro-American (Baltimore, MD), May 20–26, 2006 (racist fliers targeted at white woman dating black man); United States v. Hartbartger, 148 F.3d 777 (7th Cir. 1998) (cross burned to force biracial couple to move from trailer park); United States v. Smith, 161 F.3d 5 (4th Cir. 1998) (cross burned to frighten biracial couple so they would move from the area); United States v. May, 359 F.3d 683 (4th Cir. 2004) (cross burned on lawn of white woman who lived with a black man); United States v. Gilbert, 884 F.2d 454 (9th Cir. 1989) (defendant convicted under section 3631 for sending letter aimed at discouraging the white head of an adoption agency from promoting the placement of black and Asian adopted children with white families); United States v. Hayward, 6 F.3d 1241 (7th Cir. 1993) (defendant convicted under section 3631 for burning two crosses on the property of a white family who had entertained black friends); United States v. Sheldon, 107 F.3d 868 (4th Cir. 1997) (unpublished) (defendant convicted for burning a cross on the front lawn of an interracial couple’s house); United States v. Ramey, 24 F.3d 602 (4th Cir. 1994) (Molotov cocktail burned down trailer of biracial couple).
31. The highest number of incidents were identified in California (48), Florida (40), Illinois (32), New York (26), Pennsylvania (24), Massachusetts (24), Missouri (24), and Ohio (23). See, Bell, Hate Thy Neighbor.
32. See, for example, Daryl Glover, “The Hateful Truth: Racists Are Targeting Black Family,” Seattle Post-Intelligencer, July 16, 1991; “Cross Burning; Family Calls for National Investigation” Westside Gazette, August 19–25, 2004. A similar incident involved a large cross burned into the lawn of a Jewish family in an upscale development in Lake Oswego, Oregon. Nia Carlson, “Cross Seared into Family’s Lawn,” The Oregonian, June 23, 2004.
33. “Hate Crime May Be Culprit of $10 Million Maryland Arson,” Westside Gazette, January 20–26, 2005.
34. Ibid.
35. See, for example, Johnson v. Smith, 810 F.Supp. 235, 238–39 (N.D.Ill. 1992); Egan v. Schmock, 93 F.Supp. 1090, 1092–93 (N.D. Cal. 2000) (holding a section 3617 claim may be based on discriminatory conduct designed to drive an individual out of his or her home); Ohana v. 180 Prospect Place Realty Corp., 996 F.Supp. 238, 239–243 (E.D.N.Y. 1998) (holding FHA protects individuals from interference by neighbors for discriminatory reasons in the peaceful enjoyment of their homes); Johnson v. Smith, 810 F.Supp. 235, 238–39 (N.D. Ill. 1992) (allegations that defendants participated in cross burning on plaintiff’s lawn stated claim under section 3617); Stirgus v. Benoit, 720 F.Supp. 119, 123 (N.D. Ill. 1989) (holding allegation that plaintiff’s home had been firebombed in order to intimidate and coerce her to move out of the neighborhood was sufficient to state a claim under section 3617); Stackhouse v. DeSitter, 620 F.Supp. 208 (N.D. Ill. 1985) (firebombing of family’s car in effort to drive them from the neighborhood sufficient to state claim under section 3617).
36. United States v. Nichols, 149 Fed.Appx. 149, C.A .4 (N.C.) 2005 (unpublished).
37. Ibid., 1.
38. Ibid.
39. Ibid.
40. Ibid.
41. Another prominent example of a similar situation was the beating to death of Vincent Chin, a Chinese American. Chin was killed in 1982 by two out-of-work Detroit auto workers who blamed Asian Americans for their employment difficulties.
42. Russell Walker, “Bigotry Kindling for Tremont Arson Fires?” Call & Post (Cleveland, OH), Aug. 22–28, 2007.
43. Brian Schwartzman, “ ‘Once I Leave, I Don’t Think I’ll Ever Come Back’: Two Towns, and Their Inhabitants, Grapple with a Number of Disturbing Racist Incidents,” Jewish Exponent, February 17, 2005.
44. Ibid.
45. Ibid.
46. Walker, “Bigotry Kindling.”
47. For discussion of this, see Leonard S. Rubinowitz and Imani Perry, “Crimes Without Punishment: White Neighbors Resistance to Black Entry,” Journal of Criminal Law and Criminology 92, no. 2 (2001).
48. Leslie Ashburn-Nardo, Robert W. Livingston, and Joshua Waytz, “Implicit Bias: A Better Metric for Racial Progress,” in Parks and Hughey, The Obamas, 33.
49. Ibid.
50. Ibid.
51. Kathleen Schmidt and Brian Nosek, “Implicit (and Explicit) Racial Attitudes Barely Changed During Barack Obama’s Presidential Campaign and Early Presidency,” Journal of Experimental Social Psychology 46 (2010): 310.
52. Vincent L. Hutchings, “Change or More of the Same? Evaluating Racial Attitudes in the Obama Era,” Public Opinion Quarterly 73 (2009): 919.
53. Ibid., 923.
54. Ibid., 928.
55. See, generally, Jeannine Bell, “The Hangman’s Noose and the Lynch Mob: Hate Speech and the Jena 6,” Harvard Civil Rights and Civil Liberties Law Review 44 (2009): 329, which discusses cases with noose hangers who insist that they are not racist, and Jeannine Bell, “O Say, Can You See: Free Expression by the Light of Fiery Crosses,” Harvard Civil Rights and Civil Liberties Law Review 39 (2004): 335, discussing cross burners who claim not to be racist.
56. John Williams, “Hateful Speech,” Arkansas Times, July 19, 2007.
57. Ibid.
58. Ibid.
59. Ibid. As part of her worries, she cited a rape case involving an African American suspect the previous year at the local middle school.
60. Ibid.
61. Tony Ortega, “The Hood: A Black Couple in Independence Wonders About the Price of Peace and Quiet,” PitchWeekly (Kansas City, MO), July 21, 2005.
62. See, generally, Bell, Hate Thy Neighbor.
63. David Gamacorta, Damon C. Williams, and Regina Medina, “Advice About Racism Proved to Be Prophetic,” Philadelphia Daily News, December 14, 2007.
64. Ibid.
65. Ibid.
66. Eduardo Bonilla-Silva and David G. Embrick, “ ‘Every Place Has a Ghetto . . . ’: The Significance of Whites’ Social and Residential Segregation,” Symbolic Interaction 30, no. 3, 323–345, 327.
67. Ibid.
68. Ibid.
69. Ibid., 340.
70. Bill Brioux, “Welcome Already Worn Out: Edgy Reality Series Yanked from ABC Lineup at Last Minute,” Toronto Sun, July 22, 2005.
71. Felix Gillette, “In This Neighborhood, Reality TV Falls Short,” New York Times, July 14, 2005.
72. Ibid.
73. Ibid.
1. Tracy Jan, “Harvard Professor Gates Arrested at Cambridge Home,” Boston Globe, July 20, 2009, http://www.boston.com/news/local/breaking_news/2009/07/harvard.html.
2. Tracy Jan, “Racial Talk Swirls with Gates Arrest,” Boston Globe, July 21, 2009; Michael Eric Dyson, “Professor Arrested for ‘Housing While Black,’ ” CNN.com, July 22, 2009, http://www.cnn.com/2009/LIVING/07/22/dyson.police/index.html?iref=mpstoryview.
3. Cambridge Police Department, Cambridge, MA., Incident Report #9005127, July 16, 2009, at 13:21:34.
4. “Lawyer’s Statement on the Arrest of Henry Louis Gates Jr.,” The Root, July 20, 2009, http://www.theroot.com/views/lawyers-statement-arrest-henry-louis-gates-jr.
5. Jan, “Harvard Professor.”
6. See Ronald Weitzer and Steven Tuch, “Race and Policing in America,” Conflict and Reform 1–4 (2006); see also Richard Delgado, “Law Enforcement in Subordinated Communities: Innovation and Response,” Michigan Law Review 106 (2008): 1193, 1199.
7. Martha St. Jean, “Race in America: Comments on the Arrest of Henry Louis Gates Jr.,” Huffington Post, July 21, 2009, http://www.huffingtonpost.com/martha-st-jean/race-in-america-comments_b_242093.html.
8. Ibid.
9. “Sergeant Gets Backup, Cambridge Chief Defends Arrest but Promises a Review,” Boston Globe, July 24, 2009, http://www.boston.com/news/local/massachusetts/articles/2009/07/24/cambridge_police_chief_backs_sergeant_but_promises_review_of_gates_arrest/.
10. “Friends and Police Rally Behind Sgt. James Crowley, Who Arrested Harvard Professor,” MetroWest Daily News, July 24, 2009, http://www.metrowestdailynews.com/homepage/x905592581/Friends-and-police-rally-behind-Sgt-James-Crowley-who-arrested-Harvard-professor.
11. Andrew Ryan, “Cambridge Sergeant Declines to Criticize Obama,” Boston Globe, July 23, 2009, http://www.boston.com/news/local/breaking_news/2009/07/cambridge_sgt_d.html (emphasis added); Joseph Williams, “Obama Scolds Cambridge Police,” Boston Globe, July 23, 2009, http://www.boston.com/news/nation/washington/articles/2009/07/23/obama_scolds_cambridge_police/.
12. “Obama’s Ratings Slide Across the Board, Pew Research Center for the People and the Press, July 30, 2009, http://people-press.org/report/?pageid=1560.
13. See, generally, Kevin R. Johnson, “How Racial Profiling in America Became the Law of the Land: United States v. Brignoni-Ponce and Whren v. United States and the Need for Truly Rebellious Lawyering,” Georgetown Law Review 98 (2010): 1005.
14. Karlyn Bowman, “Obama, Gates, and Crowley,” Forbes.com, August 3, 2009, http://www.forbes.com/2009/08/02/obama-gates-crowley-opinions-columnists-polls.html.
15. Johnson, “How Racial Profiling,” 1047.
16. Ian Ayres and Jonathan Borowsky, “A Study of Racially Disparate Outcomes in the Los Angeles Police Department” 8 (2008), available at http://www.aclu-sc.org/documents/view/47; see, generally, L. Song Richardson, “Arrest Efficiency and the Fourth Amendment,” Minnesota Law Review 95 (2011): 2035.
17. Georgiana Melendez and Robert L. Turner, The Unfinished Work of Equality,” Boston Globe, July 22, 2009, http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2009/07/22/the_unfinished_work_of_equality/.
18. Lydia Lum, “The Obama Era: A Post-Racial Society?” Diverse Online, February 5, 2009, http://diverseeducation.com/article/12238/.
19. Richardson, “Arrest Efficiency,” 2039.
20. “Sergeant Gets Backup.”
21. Richardson, “Arrest Efficiency,” 2039, 2053–54.
22. Michael Eric Dyson, “Commentary: Professor arrested for ‘housing while black,’” CNN.com, July 22, 2009, http://www.cnn.com/2009/LIVING/07/22/dyson.police/.
23. Richardson, “Arrest Efficiency,” 2047.
24. Ryan, “Cambridge Sergeant.”
25. Frank Rudy Cooper, “‘Who’s the Man?’: Masculinities Studies, Terry Stops, and Police Training,” Columbia Journal of Gender and Law 18 (2009): 671, 674–75, 698–702.
26. Frank Rudy Cooper, “Masculinities, Post-Racialism and the Gates Controversy: The False Equivalence Between Officer and Civilian,” Nevada Law Journal 11 (2010): 1, 5.
27. Cooper, “Masculinities,” 37.
28. Bob Herbert, “Anger Has Its Place,” New York Times, August 1, 2009, http://www.nytimes.com/2009/08/01/opinion/01herbert.html.
29. Richardson, “Arrest Efficiency,” 2053.
30. See, e.g., “Friends and Police Rally.”
31. Ibid. Also noteworthy is Crowley’s statement about his actions in trying to save Lewis. Crowley said, “Looking back on it, . . . [Reggie Lewis] was probably already gone. But I did to him what I would do to anything else in that situation.” (emphasis added)
32. Cambridge Police Department, Incident Report #9005127.
33. See Angela Onwuachi-Willig, “Volunteer Discrimination,” UC Davis Law Review 40 (2007): 1895.
34. Richardson, “Arrest Efficiency,” 2064.
35. Paul Butler, “More Ways of Looking at a Black Man,” in “The Gates Case and Racial Profiling,” New York Times “Room for Debate,” July 22, 2009.
36. Herbert, “Anger Has Its Place.”
37. “Local, National Figures Weigh in on Gates’ Case,” boston.com, July 21, 2009, http://www.boston.com/news/local/breaking_news/2009/07/local_national.html.
1. See www.youtube.com/watch?v=8atfjvN488s.
2. See www.nobelprize.org/Nobel_prizes/peace/Laureates/2009/Obama-Lecture-en.html.
3. http://mlk-kpp01.stanford.edu/kingweb/publications/speeches/Beyond_Vietnam.pdf.
4. For an attempt to hold Obama accountable to the historical tradition of King and others, see Frederick C. Harris, “The Price of a Black President,” New York Times, October 28, 2012, SR1.
5. Martin Luther King Jr., A Testament of Hope: The Essential Writings of Martin Luther King, Jr., ed. James Washington (San Francisco: Harper & Row, 1986), 191, 207, 230, 277, 438; Sheryl Gay Stolberg, “A New Look for the Oval Office,” New York Times, The caucus, August 31, 2010. The phrase originates with the nineteenth-century abolitionist minister, Theodore Parker. Taylor Branch, Parting the Waters: America in the King Years, 1954–63 (New York: Simon and Schuster, 1988), 197n.
6. Rahaf Harfoush, Yes We Did: An Inside Look at How Social Media Built the Obama Brand (Berkeley, CA: New Riders, 2009), 36.
7. James T. Patterson, Freedom is Not Enough: The Moynihan Report and America’s Struggle Over Black Family Life—from LBJ to Obama (New York: Basic Books, 2010), ix–x.
8. For a reading of Obamas’ views of history and other matters, see James T. Kloppenberg, Reading Obama: Dreams, Hope, and the American Political Tradition (Princeton: Prenceton Universtiy Press, 2011).
9. See www.nytimes.com/2008/03/18/us/politics/18text-obama.html?pagewanted-all.
1. “Primary Choices: Hillary Clinton,” New York Times, January 25, 2008, http://www.nytimes.com/2008/01/25/opinion/25fri1.html?pagewanted=all.
2. During the 2012 campaign season, Obama again shed tears in public on at least two occasions—during his final speech in Iowa, and in his postelection speech to campaign workers. New York Times, November 9, 2012, and November 5, 2012.
3. The Concise History of Woman Suffrage: Selections from the Classic Work of Stanton, Anthony, Gage and Harper, Mary Jo and Paul Buhle, eds. (Urbana: University of Illinois Press, 1978), 219, 259; “Catt, Carrie Chapman,” in American Dissidents: An Encyclopedia of Actitvists, Subversives, and Prisoners of Conscience, Kathlyn Gay, ed. (Santa Barbara: ABC-CLIO, 2012), 115. Katharine Q. Seelye and Julie Bosman, “Ferraro’s Obama Remarks Become Talk of Campaign,” New York Times, March 12, 2008, http://www.nytimes.com/2008/03/12/us/politics/12campaign.html.
4. Marc Santora, “Pointed Question Puts McCain in a Tight Spot,” New York Times, November 14, 2007, http://www.nytimes.com/2007/11/14/us/politics/14mccain.html.
5. Elsa Barkeley-Brown, “Negotiating and Transforming the Public Sphere: African American Political Life in the Transition from Slavery to Freedom,” Public Culture 7, no. 1 (Fall 1994): 107–46.
6. “The Personal Transition,” 60 Minutes, November 16, 2008, http://www.cbsnews.com/video/watch/?id=4608194n.
7. Peter Slevin, “Her Heart’s in the Race,” Washington Post, November 28, 2007, http://www.washingtonpost.com/wp-dyn/content/article/2007/11/27/AR2007112702670.html.
8. Maureen Dowd, “She’s Not Buttering Him Up,” New York Times, April 25, 2007, http://select.nytimes.com/2007/04/25/opinion/25dowd.html.
9. Andrew Ironside, “O’Reilly: ‘I Don’t Want to Go on a Lynching Party Against Michelle Obama Unless There’s Evidence, Hard Facts, That Say This Is How the Woman Really Feels,” Media Matters, February 20, 2008, http://mediamatters.org/research/2008/02/20/oreilly-i-dont-want-to-go-on-a-lynching-party-a/142610.
10. See http://wasiwasi.blogspot.com/2007_07_01_archive.html.
11. John Hope Franklin and Evelyn Brooks Higginbotham, From Slavery to Freedom (New York: McGraw-Hill, 2010).