Kate Masur Profile picture
Oct 31 11 tweets 2 min read
Out of the gate, Strawbridge: "racial classifications are wrong" and violate the 14th A. This is precisely what the framers of the amendment did not believe. A distortion of history. #affirmativeaction
Let no one be taken in by this totally ahistorical claim. These folks know history is not on their side. That's why the Meese brief flat-out misrepresented the Civil Rights Act of 1866. supremecourt.gov/DocketPDF/20/2…
Prelogar: Powerful evidence of laws, at time of 14A, that took race into account to bring African Americans to a point of equality. Petitioner has come forward with ESSENTIALLY NO HISTORY to support "colorblind" idea of the Constitution. Thank you.
Jackson: OK, even if we concede the history is ambiguous on whether race-consciousness is ok, the historians' brief says we need clearer evidence to overcome stare decisis. Right? Prelogar: Yes.
Hi. The Civil Rights Act (1866) is not "colorblind"! It explicitly recognizes that whites have particularly rights and says people of all colors should have the same rights as white people.
After the 14A was ratified, Congress repassed a similar color-conscious statute -- Civil Rights Act of 1870 -- once again acknowledging that all people should have the same rights as whites enjoyed.
SFFA attorney now saying the Freedmen's Bureau did not draw any racial classifications. That is not true. Many bureau policies benefited all Black people regardless of ex-slave status.
This is an argument about "race" vs "status" that the right likes to pursue and is not supported by evidence from the late 1860s.
Yes, they were very concerned about racial classifications at the state level, and that is why they passed the Civil Rights Acts of 1866 and 1870, which clearly identified that whites enjoyed rights that people of color did not.
Yes, thank you! there was consciousness of race in those statutes.
OK they are really digging into the material in our brief now. supremecourt.gov/DocketPDF/20/2…

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More from @katemasur

Oct 31
I'll be closely following today's #affirmativeaction arguments in SCOTUS. While recent coverage has focused on court's legitimacy and arguments over the meaning of Brown, much of the argument comes back, as @kenji_yoshino says here to the 14th Amendment. nytimes.com/2022/10/30/us/…
"This has always been the crux of the affirmative action debate. Does the 14th A’s equal protection clause forbid racial classification itself or only racial classification that entrenches historical subordination?”
If you care what the amendment's framers thought, the evidence is clear: the equal protection clause does not forbid racial classification itself. Historians and legal scholars put that evidence into the record in this brief: supremecourt.gov/DocketPDF/20/2…
Read 5 tweets
Mar 18
Gratified that @WeinbergCollege highlighted our web exhibit, BLACK ORGANIZING IN PRE-CIVIL WAR ILLINOIS, for women's history month. We researched & wrote abt some remarkable Black women; the @CCP_org has been generative for thinking abt women's history. news.weinberg.northwestern.edu/2022/03/18/how…
Among the women we highlight is Mary E. Mann, who in 1863 became Chicago's first Black public h.s. graduate and went on to be the city's first black principal. Bio here (unfortunately we didn't find a pic of her) coloredconventions.org/black-illinois…
Some white Chicagoans tried to stand in Mary Mann's way, but she prevailed with support from others, inc. Republican John Wentworth. That story, and other stories of struggle over race and segregation in 1860s Chicago, are here:coloredconventions.org/black-illinois…
Read 6 tweets
Feb 22
Today: The generation-spanning impact of Mary Richardson Jones. Mrs. Jones was born free in Tennessee in 1820. About 15 yrs later, the Tenn. legislature prohibited Black men from voting, & Mary's father decided to move the family to Illinois. @CCP_org #IllinoisBlackConventions Image
The Richardsons migrated to Alton.

Mary married John Jones in 1841, & they soon moved to Chicago. They opened their home to freedom-seekers. They collaborated with John Brown. During the Civil War, Mary was pres. of the Colored Ladies’ Freedmen’s Aid Society of Chicago. Image
The Colored Ladies' Freedmen's Aid Soc. solicited donations to help people escaping from slavery and to support Black soldiers and their families. Mary Ann Shadd Cary was one of their agents! Mary R. Jones remained prominent in Black Chicago long after her husband died in 1879.
Read 8 tweets
Feb 21
Henry Brown of Springfield, Illinois, is best known to history as the Black man who led Lincoln's horse on the day of Lincoln's funeral. But Henry Brown was much more than that.... #presidentsday @CCP_org @ALPLM @illinoisIHLC @HopeCM @NWIHistorian @nu_hgso #BHM
Born in North Carolina in 1823, Brown left home as a young person and migrated to Ohio and Ind. before settling in Ill. He and Mary Ann King fell in love in 1847. "A mutual admiration and a matrimonial engagement was the result of their first meeting," a county history recorded.
An A.M.E. minister, Henry Brown presided over a church in Springfield but frequently traveled to other churches. He and Mary Ann had ten children together. Brown served as a delegate to the first statewide Black political convention: Chicago, Oct. 1853. coloredconventions.org/black-illinois…
Read 5 tweets

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