None of us were prepared to hear what Justice Scalia said, because in essence what he was saying is let`s go back to pre-Board of Education - Brown versus Board of Education, 1950s America where blacks are doing all right going to black schools or schools where blacks go. He said go to less advanced schools where they do all right. We`re going back to separate but equal.
Generally the impulse to find justice through punitive measures can be a kind of quicksand. What James Whitman, the scholar I cite in the chapter of my book, talks about as an urge to level down, I think you see that everywhere. We're going to be a punitive society, so we might as well level out that punitiveness. Bankers and college swim stars and everyone face that same kind of wrath.
The desire to punish is a desire that emanates from a place of equality and justice. The lesson I feel that we have to confront is that that impulse is so easily transmuted into something corrosive and corrupt in how it's actually put into practice. That's the danger. It's not that the impulse is wrong or unjust or not totally righteous. It's that the ways in which the system that operates, the system that we've constructed tends to not deliver the promise of equity we might want, when we look to the system to provide it.
The issue of the American justice system is so much broader than any one party, or any area of the country, or any one policy, because the totality of it is that it's driven by the underlying politics. The underlying politics are white fear and wrath and punishment. And that's what tends to be consistent. As I say in the book, that's the magnet that's drawing the iron filings into alignment. That's the thing that's powering all of it. The gravitational pole of those politics operate on each of these disparate little actors.
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