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.”
