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426 U.S. 229Supreme Court of the United States

Walter E. WASHINGTON, MAYOR OF WASHINGTON, D.C., et al., Petitionersv.Alfred E. DAVIS et al.No. 74–1492

from Part III - Property and Space

Published online by Cambridge University Press:  22 April 2022

Bennett Capers
Affiliation:
Fordham Law School
Devon W. Carbado
Affiliation:
University of California, Los Angeles, School of Law
R. A. Lenhardt
Affiliation:
Georgetown University Law Center
Angela Onwuachi-Willig
Affiliation:
Boston University School of Law
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Summary

Argued March 1, 1976.Decided June 7, 1976.

Ms. Justice CRENSHAW delivered the opinion of the Court.1

Since Africans were brought to North America to serve whites four centuries ago, nothing has been more closely associated with their status as enslavable people than the power granted to policing agents to surveil, control, capture, and punish them. And during slavery and since, nothing has been used to justify the brutal coercion of those deemed enslavable more than the idea that their subjugation was due to inherent deficiencies purportedly tied to race: physical, moral, temperamental, and intellectual. Even science has been manipulated to advance the false proposition that the purported inferiority of African people is objectively observable, quantifiable, and inalterable, a transhistorical characteristic of an essentialized Blackness thought to exist entirely apart from the specific contours of racial subjugation.

Type
Chapter
Information
Critical Race Judgments
Rewritten U.S. Court Opinions on Race and the Law
, pp. 377 - 402
Publisher: Cambridge University Press
Print publication year: 2022

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