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COMMENTARY: The Potential Power of our New Supreme Court Justice  

Eventually, Marshall and others would help convince the court to embrace Harlan’s view that “in view of the Constitution, in the eye of the law, there is in this country no superior dominant, ruling class of citizens…In respect of civil rights, all citizens are equal before the law.” It is true that the Supreme Court’s right-wing justices will still have a 6-3 majority after our new Justice joins the Court. But numbers don’t tell the story. Her presence is not the only way she can and will make history.   

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Ben Jealous serves as president of People For the American Way.
Ben Jealous serves as president of People For the American Way and Professor of the Practice in the Africana Studies Department at the University of Pennsylvania where he teaches leadership.

By Ben Jealous

President Joe Biden is about to name the first Black woman ever nominated to the U.S. Supreme Court — in fact, he may have already done so by the time you read this.

Based on the Black women Biden has chosen to serve as federal judges, we know that the nominee will be brilliant. And we know she will be committed to a “justice for all” approach to the Constitution.

That commitment is supremely important to Americans right now. The court is currently controlled by a right-wing majority. They are overturning earlier rulings in order to elevate “states’ rights” over voting rights.

They are using distorted interpretations of the First Amendment to sacrifice equality and opportunity. They are giving corporations greater power over our lives and giving the government less authority to protect us from corporate wrongdoing.

The damage being done by the Supreme Court and its three Trump-appointed justices is a brutal reminder that elections matter — and that judges continue to affect our lives long after the president who nominated them is gone.

The Trump majority also means that our new justice, whoever she is, is likely to spend a good chunk of time in the Court’s minority. She will be on the “losing” side of important decisions. But that doesn’t mean she is powerless. This nominee, like every Supreme Court nominee, is vitally important to our future.

Supreme Court justices who are not in the majority influence the Court in a number of ways. In the short term, they can influence their fellow justices with the power of their arguments.

In some cases, they can try to lessen the damage caused by a bad decision by agreeing to support a more limited and less harmful ruling than the majority would reach on its own.

Justice Sandra Day O’Connor recognized that, once saying, “At oral arguments and conference meetings, in opinions and dissents, Justice (Thurgood) Marshall imparted not only his legal acumen but also his life experiences, constantly pushing and prodding us to respond not only to the persuasiveness of legal argument but also to the power of moral truth.”

History tells us that the most important power of a justice in the minority may be their ability to use dissenting opinions to shape public opinion, move Congress to action, or provide a road map for future courts to reverse bad rulings.

The late Justice Ruth Bader Ginsburg knew how to use this power.

In 2007, the Court’s conservatives ruled against a woman who had been paid less than her male coworkers for 20 years. The indefensible ruling distorted and gutted the law protecting women against discrimination on the job.

Ginsburg’s dissent made the injustice clear. And she declared that “the ball is in Congress’ court.” Congress accepted their responsibility to restore the protections; it was the first bill signed into law by President Obama.

Ginsburg wasn’t quite as successful with her dissent to the 2013 decision in which the Court’s right-wing majority ravaged the Voting Rights Act. Legislation to restore the protection of the Voting Rights Act has been repeatedly blocked in Congress. But the power of Ginsburg’s ideas persists.

Her dissent included a description of what the court majority was doing that you didn’t need to be a lawyer to understand. Weakening the enforcement of voting rights laws because they were working to prevent discrimination was “like throwing away your umbrella in a rainstorm because you are not getting wet,” she said.

Dissents like that can help people understand what’s at stake. And they can inspire activists and attorneys to build on those ideas and work toward the day when they are embraced by a majority of the Court.

Before Thurgood Marshall became a Supreme Court justice, he was a civil rights lawyer challenging desegregation. When he was feeling discouraged, he would re-read Justice John Marshall Harlan’s dissent in the 1896 ruling that approved “separate but equal” public schools.

Eventually, Marshall and others would help convince the court to embrace Harlan’s view that “in view of the Constitution, in the eye of the law, there is in this country no superior dominant, ruling class of citizens…In respect of civil rights, all citizens are equal before the law.”

It is true that the Supreme Court’s right-wing justices will still have a 6-3 majority after our new Justice joins the Court. But numbers don’t tell the story. Her presence is not the only way she can and will make history.

Ben Jealous serves as president of People For the American Way and Professor of the Practice in the Africana Studies Department at the University of Pennsylvania where he teaches leadership.

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OPINION: Why the N-Word Should Be Eliminated from Schools: A Call to Educators, Parents and Students

The N-word’s use in schools, intentionally or otherwise, preserves a cycle of racial abuse, degradation, and discrimination which are violations to the dignity of African American students.  Its usage perpetuates a legacy of hate and is a dignity violation that makes it a pressing issue for educators to address. Not addressing use of the N word in school contradicts the principles of equity and inclusion that educational institutions strive to uphold. 

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Zetha Nobles. Courtesy photo.
Zetha Nobles. Courtesy photo.

By Zetha A. Nobles,

The presence and rampant use of the N-word in educational settings poses significant challenges to the social-emotional learning (SEL) and psychological well-being of students and teachers.

The historical and contemporary usage of the N-word carries deep-seated racial connotations and trauma, making it imperative to address its impact in the school environment.

Here’s why the N-word should be eradicated from schools and its detrimental effects on SEL and psychological health.

Historical Context and Significance

The use of the N-word is considered a severe violation of dignity due to its deeply hurtful and dehumanizing nature. The N-word is historically rooted in a long and sordid history of racism, oppression and dehumanization.

It was and is used to dehumanize, degrade, demean and denigrate African American people. Its historical presence is marked by extreme violence and pernicious systemic oppression.

Despite the evolving societal appropriation and the exploitation of the word in hip hop music and other media forms, its controversial use has morphed or mutated into a word now used to signify friendship or endearment.

In schools its use is complex, representing camaraderie, being cool and defiant while consciously and unconsciously dehumanizing African American students and staff.

The N-word has a long history of being used as a tool of oppression and degradation against Black people. It was employed during periods of slavery, segregation, and ongoing racial discrimination to strip individuals of their humanity and reinforce systemic racism.

Its use is a painful reminder of this history and the ongoing struggle against racism. Its impact:

  • Dehumanization: When the N-word is used, it reduces Black individuals to a derogatory stereotype, stripping away their identity and worth as human beings. It perpetuates the idea that certain groups are inferior and unworthy of respect and dignity.
  • Impact on Self-Worth: Hearing or being called the N-word can have profound psychological and emotional impacts, leading to feelings of shame, anger, and diminished self-worth. It communicates to individuals that they are lesser or undeserving solely because of their race.
  • Interpersonal Harm: The use of the N-word in interpersonal interactions conveys disrespect, hostility, and a lack of regard for the feelings and dignity of others. It undermines efforts to build inclusive and respectful relationships.
  • Symbol of Structural Injustice: The N-word symbolizes larger societal injustices and inequalities. Its continued use reflects ongoing racial prejudice and discrimination, perpetuating harmful attitudes and behaviors.

Given these reasons, using the N-word is not just a matter of inappropriate language; it represents a significant violation of human dignity and reinforces harmful racial stereotypes and hierarchies. It is crucial to reject and actively challenge the use of this word to promote equality, respect, and dignity for all individuals.

In schools, the word retains its harmful and damaging impact and remains a powerful symbol of racial animosity. The N-word’s use in schools, intentionally or otherwise, preserves a cycle of racial abuse, degradation, and discrimination which are violations to the dignity of African American students.  Its usage perpetuates a legacy of hate and is a dignity violation that makes it a pressing issue for educators to address. Not addressing use of the N word in school contradicts the principles of equity and inclusion that educational institutions strive to uphold.

Impact on Social-Emotional Learning (SEL)

Social-emotional learning is crucial for students’ development as it encompasses the skills needed to manage emotions, establish positive relationships, and make responsible decisions. The use of the N-word in schools disrupts this process in several key and critical ways:

  •  Emotional Trauma: The N-word is a trigger for emotional pain, particularly for African American students and teachers.  It can evoke feelings of anger, sadness, shame and humiliation, which hinder the ability to engage fully in the learning process.
  • Hostile Learning Environment: A safe and supportive learning environment is essential for effective SEL. The use of the N-word creates a hostile and unsafe atmosphere, leading to increased anxiety, disrespect, and stress among students and teachers.
  • Relationship Building: One of the goals of SEL is to foster positive relationships. The use of derogatory language such as the N-word fosters division and mistrust among students and staff.

Psychological Impact on Students and Teachers

The psychological effects of the N-word on students and teachers are profound and far-reaching. For students, especially those of African American descent, the word can lead to feelings of inferiority and exclusion. This not only affects their academic performance but also their self-esteem and mental health. Studies have shown that exposure to racial slurs can increase levels of depression, anxiety, and other mental health issues.

For teachers, addressing the use of the N-word in the classroom is a significant challenge. It places an emotional burden on them, particularly for teachers of color who may feel personally targeted. The stress of managing such situations can lead to burnout and affect their ability to provide a supportive learning environment.

Strategies for Eliminating the N-Word from Schools

To effectively eliminate the N-word from schools, a comprehensive approach is necessary. Here are some strategies:

  •  Clear Policies and Consequences: Schools must implement and enforce policies that explicitly prohibit the use of the N-word and other derogatory language. Clear consequences for violations should be established and communicated to all members of the school community.
  • Cultural Competency Training: Providing cultural competency and anti-racism training for teachers, staff, and students can foster a more inclusive and respectful environment. This training should include the historical context of the N-word and its impact on individuals and communities as well as alternative language.
  •  Support Systems: Schools should offer culturally congruent support systems, such as counseling and peer support groups, for students and teachers affected by the use of the N-word. These resources can help individuals process their experiences, mitigate psychological harm and co-create a culture of dignity.
  • Community Engagement: Engaging the broader school community, including parents and local organizations, in dialogue about the impact of the N-word can reinforce the school’s commitment to creating a respectful and inclusive environment.

In addition to the moral and ethical arguments against the use of the N-word, there are also legal and policy considerations that support its prohibition in schools. Many school districts have anti-bullying and anti-discrimination policies that explicitly prohibit the use of derogatory language, including racial slurs. The use of the N-word in schools can lead to disciplinary actions and legal consequences for both students and staff who violate these policies.

Furthermore, federal laws such as Title VI of the Civil Rights Act of 1964 prohibit discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. Schools that fail to address the use of the N-word and other forms of racial harassment may be in violation of these laws, potentially resulting in investigations and penalties from the U.S. Department of Education’s Office for Civil Rights.

Addressing the N-word in educational settings is not just about prohibiting a word; it is about dismantling a symbol of hate and fostering an environment where all students and teachers can thrive.

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Oakland Post: Week of September 11 -17, 2024

The printed Weekly Edition of the Oakland Post: Week of September 11 – 17, 2024

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Congresswoman Barbara Lee introduced Senatorial Candidate Adam Schiff to the congregants of Allen Temple Baptist Church and to a reception of the California Black Elected Officials organization co-sponsored by BWOPA (Black Women Organized for Political Action). Left to right Wanda Williams, Barbara Lee Adam Schiff, Keith Carson, Lynette Gibson McElhaney, Angela Andrews. Photo by Conway Jones, Jr.

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