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To Be Equal: The State of Black America—Part 3, Justice

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Marc Morial

By Marc H. Morial
NNPA Columnist

 

 

“I am cognizant of the interrelatedness of all communities and states…Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” – Dr. Martin Luther King, Jr., Letter from Birmingham Jail, April 16, 1963

What is the state of Black America in 2015? In short, and on many fronts, Black America remains in crisis – and we see justice challenged at every turn.

A few weeks before the launch of the 39th annual 2015 State of Black America® report – “Save our Cities: Education, Jobs + Justice,” the U.S. Department of Justice released a scathing, and perhaps for some, startling report on the systemic racial bias inflicted upon the African-American citizens of Ferguson, Mo. by the city’s police department. The report’s tragic catalyst was – and sadly remains – an all-too-familiar story in Black and Brown communities dotted across our nation: an unarmed black male was approached by an armed police officer and lost his life in the encounter.

The National Urban League’s analysis of the relevant data told much the same story: the Ferguson narrative could be the narrative of so many U.S. towns, but within that dark cloud we discovered strands of silver linings.

Today, fewer African Americans are the victims of violent crimes, there are more Black lawmakers in Congress than ever and the U.S. Department of Justice is actively working to confront police misconduct and improve police-community relations. Yet, we cannot easily forget the images of anger and despair we have seen in communities rocked by protests over the killings of unarmed Black males at the hands of law enforcement.

These encouraging and necessary strides in our struggle for equality in justice are overshadowed by justice miscarried, with outrage spilling onto our streets as a seemingly endless parade of police officers are not held accountable by grand juries for their actions. We are also witnessing a continual assault upon our voting rights, as several states prepare to pass legislation that would erode access to the ballot box for people of color.

The state of justice in Black and Brown communities is very often a shameful tale of injustice and clear racial disparities in the implementation of the law.

The tragedy of Mike Brown’s death in Ferguson, Eric Garner’s death in New York, and the deaths of so many others, should underscore a difficult truth that should not sit well with any American: law enforcement, in too many cases, provides neither equal protection nor equal justice in far too many communities of color. And this is no blanket indictment of police officers. There are, and will always be, good police officers who put their lives on the line to keep law-abiding citizens safe. As the heated debates and protests continue, we know that police officers have become victims of violence, most notably the two officers in New York City late last year and police officers in Ferguson this year. But this should not – and cannot – silence our call to action in communities besieged by police officers who treat the people they are intended to serve and protect as presumptively guilty.

The exoneration of the police officers in those deaths of unarmed men by grand juries signaled that police accountability for the taking of Black and Brown lives was reaching a modern-day low. Attorney Benjamin Crump, who represents the family of Mike Brown, penned an essay in the 2015 State of Black America® report: “It’s Time to Pass the Grand Jury Reform Act of 2014.” The bill calls for judges to determine if the State should bring criminal charges against police officers who fatally use deadly force and calls for governors to appoint special prosecutors for those hearings. Deciding whether or not to indict would be a judge’s decision, not a grand jury’s, and the proceeding would remain open to the public, unlike grand juries that are, by law, secret proceedings.

Following the Supreme Court’s 2013 decision to strip preclearance from the Voting Rights Act, allowing states to bypass federal approval before changing their voting rules, 40 states are now in line to codify into law new ways to make it difficult for people to vote—laws that would disproportionately affect communities of color. Voting is a powerful tool for any individual or group in a democracy to influence their government and create change. Without this right, you have no voice. The National Urban League and others will continue to press Congress to pass the bipartisan Voting Rights Amendment Act of 2014.  This legislative fix would create new rules to  determine which states require federal approval before making any changes their voting rules. Truth be told, we cannot maintain our commitment to democracy as a nation while, at the same time, deny the ballot box to so many of our citizens.

There are tremendous challenges ahead of us in what should be our national fight for equality under the law, because to deny justice to one is threaten justice to all, and as long as justice is challenged on any front, we must—as a nation— keep pushing on every front.

 

 

Marc H. Morial, former mayor of New Orleans, is president and CEO of the National Urban League.

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#NNPA BlackPress

COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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COMMENTARY: The Biases We Don’t See — Preventing AI-Driven Inequality in Health Care

For decades, medicine promoted false assumptions about Black bodies. Black patients were told they had lower lung capacity, and medical devices adjusted their results accordingly. That practice was not broadly reversed until 2021. Up until 2022, a common medical formula used to measure how well a person’s kidneys were working automatically gave Black patients a higher score simply because they were Black. On paper, this made their kidneys appear healthier than they truly were. As a result, kidney disease was sometimes detected later in Black patients, delaying critical treatment and referrals.

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Sen. Akilah Weber Pierson, M.D (D-San Diego). File photo. Sen. Akilah Weber Pierson, M.D (D-San Diego). File photo.
Sen. Akilah Weber Pierson, M.D (D-San Diego). File photo.

By Sen. Akilah Weber Pierson, M.D., Special to California Black Media Partners 

Technology is sold to us as neutral, objective, and free of human flaws. We are told that computers remove emotion, bias, and error from decision-making. But for many Black families, lived experience tells a different story. When technology is trained on biased systems, it reflects those same biases and silently carries them forward.

We have seen this happen across multiple industries. Facial recognition software has misidentified Black faces at far higher rates than White faces, leading to wrongful police encounters and arrests. Automated hiring systems have filtered out applicants with traditionally Black names because past hiring data reflected discriminatory patterns. Financial algorithms have denied loans or offered worse terms to Black borrowers based on zip codes and historical inequities, rather than individual creditworthiness. These systems did not become biased on their own. They were trained on biased data.

Healthcare is not immune.

For decades, medicine promoted false assumptions about Black bodies. Black patients were told they had lower lung capacity, and medical devices adjusted their results accordingly. That practice was not broadly reversed until 2021. Up until 2022, a common medical formula used to measure how well a person’s kidneys were working automatically gave Black patients a higher score simply because they were Black. On paper, this made their kidneys appear healthier than they truly were. As a result, kidney disease was sometimes detected later in Black patients, delaying critical treatment and referrals.

These biases were not limited to software or medical devices. Dangerous myths persisted that Black people feel less pain, contributing to undertreatment and delayed care. These beliefs were embedded in modern training and practice, not distant history. Those assumptions shaped the data that now feeds medical technology. When biased clinical practices form the basis of algorithms, the risk is not hypothetical. The bias can be learned, automated, and scaled.

For us in the Black community, this creates understandable fear and mistrust. Many families already carry generational memories of medical discrimination, from higher maternal mortality to lower life expectancy to being dismissed or unheard in clinical settings. Adding AI biases could make our community even more apprehensive about the healthcare system.

As a physician, I know how much trust patients place in the healthcare system during their most vulnerable moments. As a Black woman, I understand how bias can shape experiences in ways that are often invisible to those who do not live them. As a mother of two Black children, I think constantly about the systems that will shape their health and well-being. As a legislator, I believe it is our responsibility to confront emerging risks before they become widespread harm.

That is why I am the author of Senate Bill (SB) 503. This bill aims to regulate the use of artificial intelligence in healthcare by requiring developers and users of AI systems to identify, mitigate, and monitor biased impacts in their outputs to reduce racial and other disparities in clinical decision-making and patient care.

Currently under consideration in the State Assembly, SB 503 was not written to slow innovation. In fact, I encourage it. But it is our duty must ensure that every tool we in the healthcare field helps patients rather than harms them.

The health of our families depends on it.

About the Author 

Sen. Akilah Weber Pierson (D–San Diego) is a physician and public health advocate representing California’s 39th Senate District.

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