March 7, 2012
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The summer of 1971 was perhaps one of the most difficult of my life. It was clear to me that the road to destruction was paved with anger, resentment and rage. But where were we to go? I would often spend hours in our small efficiency apartment in New Haven pondering this question and listening to Marvin Gaye’s then new album, “What’s Going On?”

To say the least, it was a depressing summer. What were we to do? What’s going on?

As I think back on those years, I find it interesting that many people seemed to have trouble with their identities as black men. Having had to accept my blackness in the caldron of ridicule from some of my black schoolmates under segregation, then immediately thereafter remain secure in that identity during my years at all-white seminary, I had few racial identity problems. I knew who I was and needed no gimmicks to affirm my identity. Nor, might I add, do I need anyone telling me who I am today. This is especially true of the psycho-silliness about forgetting my roots or self-hatred.

If anything, this shows that some people have too much time on their hands. There’s a rush today to prescribe who is black, to prescribe what [are] our differences, or to ignore what our differences are. Of course, those of us who came from the rural South were different from the blacks who came from the large northern cities, such as Philadelphia and New York. We were all black. But that similarity did not mask the richness of our differences. Indeed, one of the advantages of growing up in a black neighborhood was that we were richly blessed with the ability to see the individuality of each black person with all its fullness and complexity. We saw those differences at school, at home, at church, and definitely at the barber-shop on Saturday morning.

Intra-racially, we consistently recognized our differences. It is quite counter-factual to suggest that such differences have not existed throughout our history. Indeed, when I was on the other side of the ideological divide, arguing strenuously with my grandfather that the revolution was imminent and that we all had to stick together as black people, he was quick to remind me that he had lived much longer than I had, and during far more difficult times, and that, in any case, it took all kinds to make a world.

I agree with Ralph Ellison when he asked, perhaps rhetorically, why is it that so many of those who would tell us the meaning of Negro, of Negro life, never bothered to learn how varied it really is. That is particularly true of many whites who have elevated condescension to an art form by advancing a monolithic view of blacks in much the same way that the mythic, disgusting image of the lazy, dumb black was advanced by open, rather than disguised, bigots.

Today, of course, it is customary to collapse, if not overwrite, our individual characteristics into new, but now acceptable stereotypes. It no longer matters whether one is from urban New York City or rural Georgia. It doesn’t matter whether we came from a highly educated family or a barely literate one. It does not matter if you are a Roman Catholic or a Southern Baptist. All of these differences are canceled by race, and a revised set of acceptable stereotypes have been put in place.

…Any effort, policy or program that has as a prerequisite the acceptance of the notion that blacks are inferior is a non-starter with me. I do not believe that kneeling is a position of strength. Nor do I believe that begging is an effective tactic. I am confident that the individual approach, not the group approach, is the better, more acceptable, more supportable and less dangerous one. This approach is also consistent with the underlying principles of this country and the guarantees of freedom through government by consent. I, like Frederick Douglass, believe that whites and blacks can live together and be blended into a common nationality.

…[And] it pains me deeply, more deeply than any of you can imagine, to be perceived by so many members of my race as doing them harm. All the sacrifice, all the long hours of preparation were to help, not to hurt.

"

Clarence Thomas, 1998.

February 21, 2012
On Reading Cases, Ctd.

squashed replied to your post: Personal Notes: On Reading Cases
And when it’s a Thomas opinion, I close the book. Because Thomas’s opinions are written terribly. Scalia was at least witty.
Thomas is horrible 99% of the time.  But he is actually fairly lucid when he’s writing on very specific topics.  His opinion from Grutter v. Bollinger, dissenting on the question of the constitutionality of affirmative action programs, begins with a quote from Frederick Douglass which shook my orthodox “liberal” confidence in the desirability of affirmative action programs:
“[I]n regard to the colored people, there is always more that is benevolent, I perceive, than just, manifested towards us. What I ask for the negro is not benevolence, not pity, not sympathy, but simply justice. The American people have always been anxious to know what they shall do with us… . I have had but one answer from the beginning. Do nothing with us! Your doing with us has already played the mischief with us. Do nothing with us! If the apples will not remain on the tree of their own strength, if they are worm-eaten at the core, if they are early ripe and disposed to fall, let them fall! … And if the negro cannot stand on his own legs, let him fall also. All I ask is, give him a chance to stand on his own legs! Let him alone! … [Y]our interference is doing him positive injury.” What the Black Man Wants: An Address Delivered in Boston, Massachusetts, on 26 January 1865, reprinted in 4 The Frederick Douglass Papers 59, 68 (J. Blassingame & J. McKivigan eds. 1991) (emphasis in original).
After reading that quote, I went and read through some of Frederick Douglass’s writings, and since then, I’ve always been on the fence about affirmative action programs.  On the one hand, I do think they help remedy the residual effects of structural De Jure inequality.  But it’s also clear to me that affirmative action programs often create an imprimatur of infantilization and existential disability, the very same that Douglass was so afraid of.  I’m reminded of James Brown’s laconic hit, “I Don’t Want Nobody to Give Me Nothing (Open up the Door and I’ll Take it Myself).”  Brown, of course, merely wanted equality of opportunity, not affirmative aid.  But the question then becomes whether the “door can be opened” to equality of opportunity  in the face of unconscious racism, particularly when perpetuated under ostensibly color-blind justifications (e.g. white felons being hired more often than black felons).  In this sense, affirmative action seems bad in theory but necessary in practice, until culturally we can make more progress towards de-coupling unconscious racism from our collective psyche.  So in that sense, I still disagree with Thomas, but his opinion certainly had an impact on my thinking.

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