Today begins the confirmation hearings for Supreme Court Nominee Sonia Sotomayor. I thought it relevant to re-post this blog that started “A Voice for Freedom” blog as I feel this analysis is the most prevalent issue facing her confirmation and one of our nation’s most pressing concerns.
In 1896 Justice Henry Billings Brown, after hearing Plessy v. Ferguson, authored the Court’s majority opinion effectively establishing the “separate but equal” doctrine. This decision ushered in the era of Jim Crow, relegating people of color to second class citizenship while putting the burden of disadvantage squarely on their shoulders. In his opinion, Brown found that, “…the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.” Henry Billings Brown’s identity as an affluent white man influenced his decision in Plessy v. Ferguson and because of it generations of Americans of color endured discrimination and injustice to an extent white Americans will never know. Brown’s story is an example about how our highest court has institutionalized racism and white privilege. Today, white conservatives are on the attack of President Barack Obama’s Supreme Court nominee Sonia Sotomayor. Her story and potential appointment to the land’s highest court threatens to further deconstruct that privilege and continue moving the court towards racial justice. Continue reading