SCOTUS Ruling Gets Us Itself Into A Black Hole
The Supreme Court has decided that something completely irreparable must be protected.
But instead of being a matter that damages the way that our schools are run, the story of the South Carolina’s Section 2 case, which was recently ruled on by the nation’s highest court, was in fact where this protection should be applied.
In the 1896 Dred Scott case, people like Scott, who was deemed legally inferior to others, were considered to be property and their existence had a larger potential for damage than any future prospect. The Sioux Nation, whose members were then deemed legal inferior, were not warned that their lineage would be violated by the Supreme Court.
These and a number of other examples of discriminatory statements and actions were considered by a multitude of courts and cases, until finally the Dred Scott case was ruled by Supreme Court on the matter of racial inferiority and slavery.
But part of this ruling was not that slaves were subject to the Worst Possible Conditions in South Carolina, which did not set a precedent that their enslaved people would continue to remain subjugated in the same way that black people were enslaved centuries before.
Rather, it was that if black people attempted to form and gain autonomy from a labor market that said they were inferior to white people of their own race, that no matter how able or otherwise, they still had to be reduced.
And so, white people began to react by conspiring against their black peers.
That association within the white community that began to manifest itself in statements like “cut off the head of this African elephant” (i.e. Morgan Freeman’s character in Mel Gibson’s epic anti-immigrant tirade in the film The Patriot) would continue on in spite of the Supreme Court’s change of heart in the Thirteenth Amendment to the Constitution.
Though the actions of American civil rights groups such as the NAACP and others were important, civil rights themselves had nothing to do with the current case until 2016, when they began to write a post-racial America.
But in the South Carolina case, where white students were leading the ways in academics, it is the South Carolina school system that saw that the limits of the Thirteenth Amendment could be examined and limitations placed on it.
Several students continued to use their point of view, told by others, to vote against places that had Negro kids, not just in schools, but in elementary schools, to be banned from schools that would divide the genders. The concept was not invented on one day, and two years later, the Supreme Court would still say that the South Carolina South Carolina system was not far from being overturned.
If the South Carolina case had been held before the Thirteenth Amendment, the South Carolina South Carolina system would have been overturned as it was ruled out of being a viable way to prevent black children from having an education, or far from being an effective way of keeping them away from the schools where white children were learning.
Today, there are far less “stand your ground” laws, a far, far less alarming brand of segregation and discrimination, and potentially, perhaps, even one system that has finally found the formula to stop any form of discrimination from occurring in any form.
After recognizing that segregation was never supposed to be about race but was part of segregation by any other name, several states and the federal government are drafting more racially equal formulas where the amount of students can be determined by using the student’s race as the only factor. And even while South Carolina is the last state in the country for the means to stop discriminatory practices, school districts and the nation can now begin the process to undo what was once a racial stalemate that deprived black students of the educational experience that was required of them.
Now a little (translated, I have a mild case of Christian Birtle’s Syndrome) it doesn’t help that something like this didn’t happen sooner.
But we can at least look at the fact that for several years, racist idiocy like the one on North Charleston’s “no-showers” policy were the ruling system’s silver bullet. And now that the Supreme Court has found they can no longer act to protect the way things were, any reaction by schools on the individual basis of color had to be easier to muster.
It may be only a fraction of what we really want, but it’s enough to help us see the light at the end of the tunnel.
Which is not too shabby for a break in the rain.