What has been deemed legal is not always right

Sometimes, the court gets it right.

It did in the case of Bridget “Biddy” Mason, who eventually walked more than 2,000 miles before her journey ended in California, where her enslavers, Robert and Rebecca Smith, held Mason and her children captive in the supposedly “free state.” When she learned of the Smiths’ plan to haul them all to the slave state of Texas, Mason sued. And in 1856, after listening to her testimony in chambers, because Blacks could not testify against whites in court, Judge Benjamin Hayes decided in her favor.

Lucky for her, and for California, since Mason went on to success as a midwife, entrepreneur and philanthropist, establishing day-care centers and the First African Methodist Episcopal (FAME) Church in Los Angeles, which is still in operation.

I was spurred to learn more about her story after reading a tribute in the National Underground Railroad Freedom Center in Cincinnati during a recent trip there. Hers is a true-life tale that displays strategic intelligence and agency, and the countless ways society benefits when barriers are removed and innovation and imagination allowed to flourish.

The current U.S. Supreme Court, unlike Judge Hayes, in my opinion, got it terribly wrong in a flurry of decisions it issued last week. Each one, delivered in turn like staccato body blows, punctuated the court majority’s agenda to halt progress and move the country backward.

At the Freedom Center, I spent hours studying the exhibits, repelled by the lengths those in power would go to possess human beings they viewed as property, yet inspired by stories of brave patriots of every race who traveled on all sides of the “law” but always on the path of justice.

What has been deemed legal is not always right.

This country’s highest court has acted ignobly, as in the 1857 Dred Scott decision, in which Chief Justice Roger Taney declared that Black people had “no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.”

And it has been the prodding guide for a recalcitrant nation, as in the 1954 Brown v. Board of Education decision, in which it unanimously stated: “The doctrine of separate but equal has no place. Separate educational facilities are inherently unequal.”

Pushback has come from those who call out injustice, as Frederick Douglass did after Dred Scott, when he noted: “The Supreme Court of the United States is not the only power in this world. It is very great, but the Supreme Court of the Almighty is greater.”

And negative resistance has persisted, as well, the hallmark of those who would stand in the way, yelling “stop,” as segregationists proved when they used every tool, including violence, to fight Brown.

It wasn’t a surprise when the Supreme Court knocked down the use of race, but nothing else, as one factor among many for colleges and universities deciding which students to admit. Their reasoning ignores how the Harvard of today chooses a class, saving spaces for children of alumni, faculty and donors, those with talents in music or athletics, or from a state with paltry representation, and with a sprinkling of celebrity names moving to the front of the line.

It ignores that any applicant who makes it past review is qualified, and that no school has ever chosen a class based on test scores alone, lest it leave out too many children of the rich and powerful.

But most of all, Chief Justice John G. Roberts Jr. and the majority on the court ignore America, where race matters — and has always mattered. Instead, as Justice Ketanji Brown Jackson wrote in brilliant dissent: “With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat.”

Local News Roundup: Officials look for answers after Charlotte Preparatory fire; Vi Lyles announces reelection campaign; SCOTUS hands down decisions impacting NC cases

There are millions of dollars of damage at Charlotte Preparatory School after a fire ripped through the building this week. Reports say there were no sprinklers in the section of the building where the fire broke out.

Touting her record on jobs and affordable housing, Mayor Vi Lyles has announced she’s running for another term. The Democrat has held the position since 2017.

The U.S. Supreme Court struck a blow to North Carolina Republicans, rejecting their argument for the independent state legislature theory that would have restricted the power states courts have over elections.

And the North Carolina legislature has revamped its abortion bill that was already vetoed by Gov. Roy Cooper. We explore the changes and what they mean for access to health care in the state.

Those stories and more on this week’s Charlotte Talks local news roundup.

GUESTS:

Joe Bruno, WSOC-TV reporter

Mary C. Curtis, columnist for Rollcall.com, host of the Rollcall podcast “Equal Time”

Ann Doss Helms, WFAE education reporter

Nick Ochsner, WBTV reporter

How Trump became ‘the white affirmative action president’

(CNN) When the Trump administration recently signaled that it was going to crack down on affirmative action, some critics responded with an odd request: Why not start with the man sitting in the Oval Office? President Donald Trump embodies the worst stereotypes conservatives have invoked to describe affirmative action beneficiaries, according to several commentators, political scientists and diversity experts. They say he’s entitled, unqualified and held to lower standards because of racial grievances. They call Trump the nation’s first affirmative action president.

How America’s original affirmative action is still going strong

George W. Bush used to joke about it, his mediocre record at Yale, his less-than-diligent efforts throughout his educational career. So many laughed along at every bit of the persona he played into – the incurious certainty, the attempts to pronounce “nuclear” and the confident attitude throughout it all. But few questioned his right to take that place at Yale, another at Harvard and the privileged path that led to the White House.

That is how America has always worked, with the rich and the ones with the last names that matter usually stepping to the front of the line. It’s a system that has overwhelmingly benefited whites and males and, to look at the boards of Fortune 500 companies, still does.

Yet, you don’t see the righteous indignation or a spate of lawsuits to rid higher education of the curse of legacies. Voices are rarely raised to demand that elite colleges and universities take the thumb off the scale for families with a fat checkbook or a name on a campus building. There is not a suggestion that “they” don’t belong.

When Abigail Fisher was refused admittance at the University of Texas, she didn’t think that because she didn’t earn her way into the top 10 percent of her high school class — a bar that in Texas would have gained her automatic admission – that just maybe she should have studied harder.