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Notes From Post-Racist America

[ 79 ] March 1, 2013 | Scott Lemieux

A bare majority of the Supreme Court appears poised to declare racism in America officially dead, or at least a problem the Congress can longer concern itself with. And of course, it helps if you define racism the Republican way (i.e. there are the persons responsible for shooting Medgar Evers,* and then there are non-racists.) Before we declare racism over, however, we may want to consider some other recent Supreme Court news:

U.S. Supreme Court Justice Sonia Sotomayor today released a statement condemning a federal prosecutor’s blatant use of racism to secure a conviction in a 2011 drug case. The Court did not grant the convicted man in question an appeal, but Sotomayor nonetheless remarked that Assistant US Attorney Sam L. Pozner’s use of race as an implication of guilt was unacceptable.

When Pozner made the prejudiced remark, at issue was whether the defendant was unaware of his buddies’ drug exchange. Pozner said that because Black and Latino people were involved, he MUST HAVE known drugs were, too:

“You’ve got African-Americans, you’ve got Hispanics, you’ve got a bag full of money. Does that tell you–a light bulb doesn’t go off in your head and say, This is a drug deal?”

And, even worse, because of inept counsel the Supreme Court could not even consider the effect of the prosecutor’s racism at trial. The Sixth Amendment right to counsel is another one of those rights that is becoming less and less meaningful in the application.

*Rock could have mentioned Emmett Till, except that as one of America’s favorite conservative bloggers has explained, that had nothing to with race, and he had it coming besides.

Comments (79)

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  1. Auguste says:

    You can probably add plagiarism to RS McCain’s list of sins re: Till, since Peter Brimelow made exactly that argument several years earlier: http://malkin-watch.blogspot.com/2005/03/who-keeps-company-with-wolves-will.html

  2. Shakezula says:

    Oh well. Back to Congress. Unless you want to skip ahead to the barricades.

  3. Carbon Man says:

    Yup, pre-clearance is going down. Suck on it.

  4. dp says:

    Don’t forget — Republicans also consider anyone who complains about racism to be racist, just like the people who shot Medgar Evers.

  5. J. Otto Pohl says:

    Cool if the US is now post-racist does that mean that the inequality in the relationship between US and African institutions will come to an end? When can we expect an end to the US dominated IMF and World Bank arbitrarily raising prices here?

  6. Anon21 says:

    The Sixth Amendment right to counsel is another one of those rights that is becoming less and less meaningful in the application.

    He can raise an ineffective assistance claim for the failure to object in a 2255 motion now that he’s done with direct appeals. I doubt he’ll be able to show prejudice, but we don’t know for a fact that he’s without a remedy.

  7. David Kaib says:

    This prosecutors sin was saying explicitly what is typically only (very strongly) implied.

    Without racial guilt the drug war would collapse.

    • Scott Lemieux says:

      Yup.

    • J. Otto Pohl says:

      I am not sure if this is true. While much of the war on drugs is aimed at racialized minorities and this has been true since the first drug laws I do not believe that it explains everything today. In much of rural America the drug war is aimed at meth which is almost entirely a product used only by white people. I think that it would be possible to sustain a class based war on drugs against meth without any racial angle. Indeed the war on drugs in many rural areas is a war on meth and white users, producers, and manufacturers. Where is the racial angle in the war on meth? If it was only about race then meth would be legalized.

      • Have you looked at the incarceration rates for Caucasians Vs African-Americans Vs. other minorities for drug offenses?

        Drug Sentencing Disparities

        About 14 million Whites and 2.6 million African Americans report using an illicit drug
        5 times as many Whites are using drugs as African Americans, yet African Americans are sent to prison for drug offenses at 10 times the rate of Whites<
        African Americans represent 12% of the total population of drug users, but 38% of those arrested for drug offenses, and 59% of those in state prison for a drug offense.
        African Americans serve virtually as much time in prison for a drug offense (58.7 months) as whites do for a violent offense (61.7 months). (Sentencing Project)

        http://www.naacp.org/pages/criminal-justice-fact-sheet

        Meth is common in rural America because it’s easier to make something involving red phosphorus, or, in one process, hydrochloric gas(HCl in gaseous form) when you’re out in the boonies than if you’re in an apartment in a large city where people can smell the fumes and wonder what you’re up to.

        • J. Otto Pohl says:

          How does this in anyway contradict anything I said? I said “much of the war on drugs is aimed at racialize minorities.” You seem to be arguing all of it is aimed solely at black people. Something your statistics show to be false. If your theory is that the war on drugs is today 100% only about incarcerating black people and nothing else then there should not be any white convictions at all. For your argument to be true you need zero white drug arrests and convictions. Again if it was only and solely and 100% about putting black people in prison as you seem to believe then meth would be legal. It is not.

      • David Kaib says:

        No one said it “explained everything.” I’m saying – racial guilt is necessary to shred the civil liberties of people, both in terms of policing and prosecution. Attacks on rights always target the disadvantaged first and then move outward. Without those massive civil liberties violations, the drug war would be impossible. (Which is not to say that legalization would occur.) Further, the racial character of the drug war is necessary to legitimate it – the war is associated in our media and our politics with urban African Americans.

        I also think you are confusing drug laws with the drug war. That meth is targeted for prosecution tells us nothing about how it’s targeted. Note too you slip from black-white to urban-rural as if there aren’t Black people in urban areas. If we treated meth like crack, we wouldn’t lock up sudafed, we’d search everyone who bought sudafed or had the sniffles. The Drug War isn’t about targeted drug users, sellers, etc. It’s about targeting black people. In DC, cops walk around black neighborhoods and demand to search people for no reason (“consensual”) or stop cars for BS moving violations and gin up an excuse to search the car, or blanket black neighborhoods with undercover cops. They do this so much it’s not unusual for two sets of undercover cops to buy drugs from the same dealer at the same time.

        That’s the drug war.

        • J. Otto Pohl says:

          I am willing to bet if the US had no black people what so ever, say they all emigrated to Africa to join me tomorrow and everything else was the same that there would still be a war on meth against whites in the rural areas. There are almost no white people where I live. There is still a strict prohibition on recreational drugs. It is stricter than in the US. If you ever come to Ghana look at the signs posted everywhere in the airport particularly the men’s room about the penalties for drug smuggling. The advertised sentences are considerably longer than in the US. Since all the police, prosecutors, and politicians are black the war on drugs here is obviously not racially motivated. In the US a lot of it is. But, a lot of it is also class motivated which also disproportionately effects racialized minorities. But, to pretend that it is only about white people in the US putting black people in prison is ignoring a whole lot of other things going on.

          • You seem to be arguing all of it is aimed solely at black people. Something your statistics show to be false.

            Did I really say that? The NAACP figures demonstrate that it overwhelmingly affects African-Americans more than their white counterparts.

            Then there is this

            The Drug War, Minorities, and the Rust Belt:

            In 2000, African Americans and Latinos made up over three fourths of all those sent to prison for drug offenses. According to Alexander, “blacks are admitted to prison on drug charges at rates from twenty to fifty seven times greater than that of white men.” The end result is that one in fifteen African American males is currently incarcerated and that’s not including all those on parole or at some other stage of the penal process. For these men the chances of obtaining any kind of adequate employment, or even shelter, are often highly problematic.

            But, to pretend that it is only about white people in the US putting black people in prison is ignoring a whole lot of other things going on.

            Nope, you’re doing the fallacy of the excluded middle here.

            It’s about class as well, upper-class people aren’t arrested for drugs at the rate of the middle-class and working class counterparts, I’m sure that’s as true for Ghana as it is around the world where some drugs are illegalized.

            • Data Tutashkhia says:

              I suspect it’s all about class; race merely acting as a surrogate for class. Blacks are overrepresented among the poor, therefore more of them are involved in criminal activity of almost any kind (I bet prosecutions for tax evasion is a “war on white people”), and that’s all there is to it, more or less. That is also the main (by far) reason for what is called ‘racism’ these days: racial stereotyping, racial profiling, this sort of thing.

          • Hogan says:

            You’re still confusing drug laws with the drug war.

  8. David M. Nieporent says:

    It’s “Ponder,” not “Pozner.”

    As for the commentary from Cohen, America’s Dumbest Legal Analyst™, the issue was considered by the Fifth Circuit. He couldn’t win because, despite the mistakes of his attorney, he couldn’t possibly show sufficient prejudice, given the overwhelming evidence against him. The only issue waived at the Supreme Court was that he should win without having to show prejudice — and he’d have lost on that even if it hadn’t been waived.

  9. David M. Nieporent says:

    A bare majority of the Supreme Court appears poised to declare racism in America officially dead, or at least a problem the Congress can longer concern itself with.

    Well, no. They appear poise to declare that if Congress wants to address it, it needs to do so based on current facts rather than 50-year old ones. The only issue in Shelby is whether the preclearance requirement of the VRA — not the VRA as a whole — can be targeted at jurisdictions based on data Congress hasn’t bothered to look at in decades.

    By the way: Obama was elected. Twice.

    • sharculese says:

      By the way: Obama was elected. Twice.

      There is no argument too specious for you, is there?

      • Shakezula says:

        I’ve only seen this cat in action a few times, but I don’t think argument is the word you want.

        • anthrofred says:

          This needs to be a new boilerplate response. Will save us a lot of time coming up with things to say to Carbon Man.

        • sharculese says:

          My mental image of Davey McHandwavy involves him furiously ramming his glasses up the bridge of his nose every time he hits post.

    • anthrofred says:

      The fact that your defense of the idea that post-racial America has arrived involves making a note of the president’s race strongly undermines your point.

    • DrDick says:

      But not in the South. Thanks for the self-refuting arguments.

    • Scott Lemieux says:

      Well, no. They appear poise to declare that if Congress wants to address it, it needs to do so based on current facts rather than 50-year old ones. The only issue in Shelby is whether the preclearance requirement of the VRA — not the VRA as a whole — can be targeted at jurisdictions based on data Congress hasn’t bothered to look at in decades.

      Except that if you paid the slightest attention to oral argument it’s clear that there’s no way Congress could pass a preclearance requirement that the reactionary wing of the Supreme Court would consider constitutional, in part because they seem to have the bizarre idea that the primary purpose of the 15th Amendment is to protect the equality of the states rather than the equality of individual voters.

      By the way: Obama was elected. Twice.

      Talk about your great moments in self-refutation! In addition, I agree that this does help to explain why many Republican-controlled jurisdictions are attempting to limit the franchise.

  10. Speak Truth says:

    I think David’s point is spot on.

    Anyone that thinks things haven’t changed in the last 50 years hasn’t taken a look at congress, the Supreme Court or the office of the presidency not to mention academia and corporate America.

    If congress deems that we need a VRA, it should be based upon current facts….and they may…and that’s OK. But base the decision on today’s needs, not yesterday’s.

    • Malaclypse says:

      If congress deems that we need a VRA, it should be based upon current facts….and they may…and that’s OK.

      They did. Bush signed a renewal in 2006, good through 2031. Why do you support legislating from the bench, Jennie?

      • anthrofred says:

        Ouch.

        Another president who, like Ronald Reagan, would fail the Tea Party Purity Test.

        • Speak Truth says:

          Get with the program. Even the CATO Institute along with many other conservative think-tanks knew Bush wasn’t very conservative.

          The Tea Party formed *because* of Bush and the country-club establishment Republicans……and, of course, the commies in the DSA and Democratic party.

          • sharculese says:

            The sad, desperate lies you guys tell yourselves about the Bush administration are the most adorable thing about you guys.

            No Jenny, the stink of failure will never wash off, no matter how hard you scrub.

          • Uncle Kvetch says:

            The Tea Party formed *because* of Bush and the country-club establishment Republicans

            The funniest single thing I’ve read all week. Thanks, Dude, you just brightened a not-at-all nice day.

          • MAJeff says:

            The Tea Party formed *because* of Bush and the country-club establishment Republicans……and, of course, the commies in the DSA and Democratic party.

            The tea party lunatics were around long before that; they’re just rebranded Birchers

          • anthrofred says:

            My statement didn’t imply the contrary and is wholly consonant with yours, so you may want to watch the program more closely.

          • anthrofred says:

            And see also this. Additionally, the first national large-scale protests didn’t occur until well into Obama’s first term. For some context on the coalescence, see here.

            Whatever the vaunted philosophical roots of the party may be as seen from CATO, think tanks are not a movement, and aren’t even the Tea Party Express or FreedomWorks.

      • Speak Truth says:

        Why do you support legislating from the bench

        Looks like that’s what KING Obama is asking SCOTUS to do with CA’s ban on homo marriage, isn’t it?

        And, let’s not forget Roe v Wade. That’s a whopper!!

        • delurking says:

          Speaks Truthiness says: “It’s okay when we do it, but not you bad, bad liebrals.”

        • anthrofred says:

          You realize that what you’re expressing is butthurt, not counter-argument, right?

          • DrDick says:

            Butthurt is all JenBob ever has.

            • From the Encyclopedia Dramatica

              He’s not just butthurt, he’s butthurt so butthurt that it goes way beyond the butthurt we know into a whole different dimension of butthurt. We’re talkin trans-butthurt butthurt. Meta butthurt. Butthurt collapsed in on itself so far that even the neutrons have collapsed. Butthurt gotten so dense that no sense of dignity can possible escape. Singularity butthurt. Blazing mid-day sun on Mercury butthurt. Kitty litter box butthurt. He’s currently emitting more butthurt in one second than our entire galaxy emits in a year. Quasar butthurt. Nothing in our universe can really be this butthurt; unless he’s just some primordial fragment from the original big bang of butthurt. Some pure essence of a butthurt so completely uncontaminated by anything else as to be beyond the laws of physics that we know. I’m sorry, I can’t go on, this is just an epiphany of butthurt!

        • MAJeff says:

          Shorter cracker: “liberty ain’t for bitches.”

    • David Kaib says:

      One thing that hasn’t changed is states are still trying to systematically disenfranchise black people. Under the 15th A, that’s the thing that matters. The things you listed have zero constitutional relevance. Most jurisdictions that are covered are still violating that right. And Congress did use current facts – volumes of them.

      Try to keep up.

      • sharculese says:

        Pointing Jenny at what’s actually in the Constitution is an exercise in futility, as he has nothing but contempt for that document.

        • Black Jennie says:

          I think what the court is saying is the legislature passed a solution without a problem…

          • sharculese says:

            One would hope not, because that would be a titanically stupid thing to say.

            And one pseudonym per thread, Jenny. It’s kind of obvious when you don’t change your voice when you change your name.

          • David Kaib says:

            It’s not the Court’s call to make, and in additional it’s demonstrably false.

            There needs to be a term for an excuse that, even if true, doesn’t support one’s cause.

            It would save us all time.

        • efgoldman says:

          Pointing Jenny Scalia, Alito, and Roberts at what’s actually in the Constitution is an exercise in futility, as he has nothing but contempt for that document.

          Repaired your statement. You’re welcome.

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