Supreme Court: White Majorities Über Alles

by BAR executive editor Glen Ford

“Black folks have no rights that white majorities are bound to respect.” That’s the message from the U.S. Supreme Court, which declared diversity programs an option that white majorities can legally ban. The High Court also safeguards the right of the rich to dominate elections. This week’s ruling shows that the Roberts Court “knows how to serve both majorities of whites and Big Capital, too.”


Supreme Court: White Majorities Uber Alles

by BAR executive editor Glen Ford

“Majoritarian rule becomes a crude legal redoubt of white supremacy.”

White majorities have the constitutional right to create laws that selectively lock racial minorities into inferior status. So decreed the United States Supreme Court, in a 6 to 2 vote upholding Michigan’s prohibition against affirmative action in public higher education. Although race-conscious admissions polices remain legally permissible, voters may close the door to such remedies to historical discrimination, at will, as set forth in Justice Anthony M. Kennedy’s controlling opinion: “There is no authority in the Constitution of the United States or in this court’s precedents for the judiciary to set aside Michigan laws that commit this policy determination to the voters.”

In plain English, Black folks have no rights that white majorities are bound to respect.

It’s “a racist decision,” the modern equivalent to the Supreme Court’s 1896 Plessy v Ferguson ruling sanctifying racial segregation, said Shanta Driver, lawyer for Detroit-based By Any Means Necessary, the losing party in the case. The decision “makes clear that this Court intends to do nothing to defend the right to equality in politics, opportunity, rights, hopes and aspirations of its Latina/o, black, Native American and other minority citizens” said Driver. “At the very moment that America is becoming a majority minority nation this Court is declaring its intention to uphold white privilege and to create a new Jim Crow legal system.”

The circling of black robes around the inviolability of the principle of one person-one vote is a supreme historical irony, given that the Constitution originally counted Black slaves as “three-fifths of all other Persons” for the purpose of apportioning the Congress. White majorities were slim or non-existent in the slave-intensive states, whose reconstruction to electoral “democracy” remains incomplete to the present. Yet, in the waning days of a national white majority, an era projected to end around the year 2043, majoritarian rule becomes a crude legal redoubt of white supremacy.

“This Court intends to do nothing to defend the right to equality.”

Back in 2003, the Supreme Court ruled that affirmative action at the University of Michigan served a compelling public interest in spreading “diversity” in the upper echelons of U.S. society. As I wrote in The Black Commentator at the time, the Court was not addressing Black historical grievances, which had already gone by the legal wayside. Rather, it ruled that the programmatic inclusion of non-whites at elite public universities created benefits for society as a whole. This week’s ruling sweepingly proclaims the right of white majorities (58 percent of “the voters” in a 2006 Michigan referendum) to forgo such benefits, at their pleasure, as have California, Florida, Texas, and Washington.

Affirmative action, as understood by President Lyndon Johnson and Dr. Martin Luther King Jr., is long dead. It is “diversity” as public policy that was mortally wounded by the Roberts court, this week. Diversity is now an option that can be outlawed by white voter fiat – which will no doubt occur at a quickening pace given that majorities of whites believe they are the main objects of discrimination in American life. A 2011 study by researchers at Harvard and Tufts Universities, titled "Whites See Racism as a Zero-Sum Game That They Are Now Losing," showed whites “believe that anti-white bias is more prevalent than anti-Black bias” and that “Black progress is linked to a new inequality” – at white expense.

It is difficult to imagine a greater mass cognitive dissonance. The racism that has always been endemic to the U.S. drove whites crazy, and majorities of them remain nuts – dangerous people, capable of…anything. The High Court has given its benediction to the righteousness of their insanity.

“Diversity is now an option that can be outlawed by white voter fiat.”

The judicial system is, of course, even more consistent in building a body of legal precedent for the supremacy of money in electoral politics, than of the primacy of majorities – the two being antithetical in principle. In practice, however, the U.S. Supreme Court knows how to serve both majorities of whites and Big Capital, too. The post-Civil War Supreme Court elevated corporations to personhood, smoothing the way for the Gilded Age, and plunged Blacks into the depths of Constitutionally-sanctioned Jim Crow, simultaneously creating all-white electorates and one-party rule by the most backward elements of the bourgeoisie in Dixie.

In Michigan, where white majority opinions and prejudices are deemed sacred by the High Court and a racist referendum is dubbed a “Civil Rights Initiative,” more than half of Black voters have been effectively disenfranchised under the dictatorship of state-imposed emergency financial managers. In jurisdictions like Detroit, Flint and Benton Harbor, where Blacks are the bulk of the population, majorities mean less than nothing; they are dangerous, and must be politically neutered for the general public good, while Wall Street picks Detroit’s bones in a federal bankruptcy court.

Where racism is endemic, all kinds of things are possible – and constitutional.

BAR executive editor Glen Ford can be contacted at [email protected]


Racism has always been Constitutional.

There's even a book called, Slavery's Constitution: From Revolution to Ratification, by David Waldstreicher.

Another resource is my essay, "The Counterrevolutionary Constitution" and the comments that follow it:

It isn't going to change. Only a new form of government with a new Constitution can begin to eliminate racism and inequality.

I disagree

You will never do away with racism like that.  Racism is here to stay, first of all, if they were not racsit, white supremacy would not work for them.  It is a system that works for the white race.  Plain and simple.

FYI: According to ex POTUS Bill Clinton

The biggest beneficiaries of affirmative action progs [& welfare too] have been White-Women.

IMO this whole reverse-racism meme is really mainly a 'clever' way to justify what many / most white folks want to do [& had 'traditionally' been doing] all along- disenfranchising people of color- by rolling back / negating not just Brown vs KS Board of ED, but also the 14th & 15th Amendments [& likely the 13th too]. 

First they tell Black [& Brown] kids to 'stay in school'. But then roll-out NCLB [Bush] & RTTT [Obama / Duncan] to justify closing inner-city schools like '40 going north'. And even when Black & Brown school-kids do graduate out of [Public] HS, now they've come up w that reverse-racism hype [in so-called 'post-racial' USA] to justify keeping Blacks [& Browns] out of college. Yet more & more white folks are going to [& taking over] HSBCs. They also tell Black kids to 'get a job', but then even if they graduate from college- they use reverse-racism hype as an excuse to often block Blacks [& Browns] from getting certain jobs.

The thing about an institutionally racist system, it's guaranteed to produce racist out-comes, even if many / most of those employed by that system are NOT necessarily [obvious] racists.

You Got A Problem w What Bill Clinton Said

Then why don't you take it up w him!!!

Percentages vs absolute numbers- And So What!!?? Folks like you & your ilk rant on & on that affirmative action [& welfare] only benefits non-whites- yet Bill Clinton said it has mainly benefited white-women. In fact Many/most welfare & social security progs were set-up during FDR New Deal Era, specifically w white families / white women & children / white widows in mind. Folks like you & your ilk only started having a problem w it when it got extended to include Black families in the 1960s!

PS: I'm NOT a Liberal!!!



'Curiously' as They Rolled-out Affirmative Action [AA] Progs-

They also defined the largest US adult demographic group w the longest life-expectency [white-women] as a so-called 'minority' group [Huhh???]. But I bet you've NEVER really protested that. PS: 'Curiously' most of these SCOTUS rulings against AA progs have been specifically worded to mainly cut Black & Brown people off from benefiting [IE: RACE can NOT be used in these progs]- while 'conveniently' leaving the door open for those who've historically benefited most anyway- IE: White Women

Folks like you tend to only have a hissy-fit when racial quotas are seen as a tool that could help Black & Brown people, yet NEVER seem to take issue [& often applaud] when racial quotas are used as a WEAPON against Black & Brown people- IE: The nation-wide roll-out of legalized racial-profiling aka 'Stop & Frisk' progs - confirmed to be based on quotas that target young Black & Brown men. All of a sudden folks like you tend to forget all about Black & Brown youths' 'Constitutional' rights re the alleged un-constitutionality of race-based quotas, when racial-profiling quotas are [illegally] used to harrass & lock-up those so-called 'thugs'!!! 

Shock and awe

If most black people realized the choke hold this system put  black people, we would be in shock and awe.  Let us look at the USSC, the majority who sits on the court, are supreme racist, and a tom, just as bad as a racist.  So, how will black folks ever get justice with a bunch like that?  I say all the time, how do we expect justice from racist in power, first of all, they do not believe they are racist, they feel blacks are causing the problems. They know who they are acting for, they know the powers that be wants them to operate like that.  Clarnece Thomas, this tom, hates that he is black, and so he hates the rest of black people.  Little do these racist realize, affrimative action was put in place, to stop white universities from discriminating against blacks, who made the grades if they wanted  to attend these universities.  I do not believe blacks who left high school making low grades, were allowed to enroll in these universities.  So what are these racist talking about, when they say, blacks are allowed, because of the color of our skin  This is my understanding, if I am wrong, please someone, enlighten me.  Think about it, when the constitution was drawn up, it was drawn up by racist, many were slave holders, and today, yes today, they are glorified as the founding fathers.  Obama, are always talking about the founding fathers.  How come the words of a supreme court racist, said, "Blacks have no rights a white is bound to respect", used this opinion to rule against Dred Scott.  If this later on, became not true, why hasn't Dread Scott been pardon?  So those words are still on the books, just like, the thirtenth amendment, that says they can still enslave someone as punishment.  Enslaving someone is a humn rights violation, a crime, so how come this is still on the books, in other words, there are laws on the books, that allow this country to commit crimes against people, and they were talking about black people, because we were the only ones who had been enslaved, and it wasn't done until, slavery was disbanded in the thirtenth amendment.  Dr. Clarke said, "If black folks could recognize and see the picture we have come from, and still in, it would run us mad".    

Fine then, damnit.  Do away

Fine then, damnit.  Do away with affirmative action (AA).  But I want this ban applied to ALL admissions INCLUDING athletic scholarships.  If it is so "unfair" to allow even one "unqualified" black student into the classroom, then the same must apply to the school's sports teams.  Let's see if Michigan's college sports teams get any less black once AA is abolished.  These AA opponents (including the 6 Satans on the Supreme Court) go hog wild over college football and basketball.  They will act worse than groupies when they get around some NCAA Big Man on Campus.  But when it comes to admitting black students who actually come to college to get an education and can actually do college work, said students have to cross every I and T and then some to "prove"they belong.  Go figure.

Supreme Court: White Majorities Über Alles

Blacks in so called America have never been free as far as human rights are concern. The European legal system consider blacks as aliens, which is kind of ironic when you consider that the true aliens are the Europeans in North America. But the Europeans are able to dictate what ever they like because they are the controlling factor. The court system, education, economics, and the Constitution was all design to keep blacks in a subservient position.

It amazes me that our brothers and sisters get bent out of shape when they feel the heel of injustice.  Human rights and justice for blacks in the United States never existed.   You are allow to be a consumer, which intergation is mostly about; to serve in their army, police force, prison system as jailers and prisoners, religion, the illegal legal system to uphold their insanity, slave market, and so forth.  In my opinion black people need to start waking up to these facts and realize that this is the way it's been since most of us were brought to North America from the mother land of Africa.

When we had our own communities like Black Wall Street in Tuson, Ok. We were very properous and independent of the Europeans, the mistake we made was not being prepared for war.  Black people have bought into the illusion of freedom when President Obama was installed as the new dictator controlled by international banking.  In my opinion we have to look at the truth of it all and adjust accordingly.



On an unrelated topic, please

On an unrelated topic, please read the following and spread the word:

Breaking News! Civil rights fighter and UFAA friend Rev. Edward Pinkney of Benton Harbor, MI has arrested and charged with election law violations. He's under house arrest and tethered. Cannot leave his house for ANY reason.


He could face another 5 years as a political prisoner for his valiant efforts to recall Benton Harbor mayor and corporate stooge James Hightower.


Pinkney is a true leader for working and poor people, embroiled in a critical moment for the defense of American democracy. Please visit contribute what you can to Rev. Pinkney's legal defense. He would like 1000 people to call the courthouse, ask for Michael Sepic, chief prosecutor. Free Pinkney!


Rev. Pinkney is facing election fraud charges less than 2 weeks before the recall election for the mayor of Benton Harbor.


The sheriff went out to intimidate and harrass the people. In one hand they had the original signed petition, in the other hand a computer copy of the recall petition with a whited out first digit. They asked the resident which day they signed the recall petition with 2 different dates in their hand, confusing the person, and trying to force the person to say they did not sign the petition on the original date. Also, they claimed that 4 people signed 2 different petitions twice. The law is clear on that. A person who knowingly signed a recall peition more than once, or signed a name other than his own, is violating the provisions of Michigan election law. Pinkney never allowed anyone to sign the petition twice. This is another attempt to silence Pinkney. He can no longer use his computer. He's under house arrest 24/7. He cannot leave his house for any reason. They are trying to silence him completely. Please spread the word.


Get on Twitter and Facebook, call in to radio shows, write letters to newspapers, call your representatives, and don't let corporate welfare queens and their hired thugs back down the citizens of Benton Harbor!


We want jobs, not dictators! And we demand our rights to freedom of speech, assembly and political representation!


"Benton Harbor reminds me of Mississippi in the late 1950's and early 1960's. I have never been one to rave about how much progress my generation has made, but I had hoped to see an end to these horrors in my lifetime. All citizens have the civil right to recall an elected official or initiate a referendum by way of petition. This is our only outlet." – Rev. Edward Pinkney, 4/20/14


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