Justice is defined as the “administration of what is morally right and good.” As it involves racial justice, at times we may witness something in society that may seem morally wrong, but it’s a separate question as to whether it will be legally wrong. To be fair, they should be separate questions; just because something seems morally wrong does not mean that it automatically should be judged legally wrong. We should not convict someone or find someone legally liable because we feel like it. In court, there are standards evidence must meet in order to be used toward the final outcome; issues like hearsay keep evidence from coming in that may be compelling, but is not trustworthy (more prejudicial than probative). There are processes to go through. So often, though the result of such processes can be discouraging, the processes themselves (investigations, due process) should ensure the integrity of the result.
Environmental justice: “Children in the Inland Empire have asthma at a higher rate than surrounding (and most areas).”
With this in mind, there are several reasons to be optimistic about the progress that we were made on the fronts of justice in the last year. In short, many things that seemed to be morally wrong were judged to be legally wrong as well. Here are some thoughts on the fronts of justice, significant cases/issues with justice implications, and major obstacles looking ahead.
Litigation
Often, when we talk about justice, the first thought that comes to one’s mind is criminal justice. Of course, that is important, but there are many justice fronts that have racial implications. For instance, environmental justice has garnered more attention as data indicates that many areas with the most pollution have higher concentrations of racial minorities.
Economic justice: “There are constant instances of disproportionately poor treatment of minority populations, including banking and lending.”
For this, you need to look no further than the Inland Empire. Riverside and San Bernardino counties are both majority minority counties. They have a disproportionate amount of pollution, in large part due to the proliferation of commerce through trucks going to and from our local warehouses. Children in the Inland Empire have asthma at a higher rate than surrounding (and most areas).
Recently, a coalition of 60 groups asked the governor to consider a warehouse moratorium. We can expect to see more litigation related to this and other environmental justice issues, both locally and nationally.
“There is no way to realistically address racial justice without addressing voting rights, which will continue to be a litigation hotbed.”
Another related front is economic justice. There are constant instances of disproportionately poor treatment of minority populations, including banking and lending. Only recently, City National Bank agreed to pay $31 million to settle a lawsuit by the Department of Justice that was the biggest ever related to redlining, the practice of refusing to lend to someone because they live in an area deemed to be a poor financial risk. For years, the bank discriminated against borrowers of color by avoiding providing mortgage lending services to majority Black and Hispanic neighborhoods in L.A. County. Nationwide, expect more litigation in this regard.
There is no way to realistically address racial justice without addressing voting rights, which will continue to be a litigation hotbed. In December, the Supreme Court heard the case of Moore v. Harper, which, depending on the ruling, would give state legislatures power over a range of issues, including partisan gerrymandering, early and mail-in voting rules, voter ID measures and felon disfranchisement.
Earlier last fall, the Court heard the case of Merrill v. Milligan, a case about Alabama’s congressional districts that may have serious implications for the power of Section 2 of the Voting Rights Act. There will be more related legal challenges in Courts all over the land this coming year.
Legislation
We have started the new year with a familiar situation: a Black man killed by police brutality. Tyre Nichols was killed by five officers (also Black) as a result of a Jan. 7 traffic stop in Memphis, Tennessee. The Memphis Police Department has been transparent; film and body cam footage has been released, and the officers have been fired and arrested for second degree murder.
Legislation: “In California, Senate Bill 2, signed into law in 2021, seeks to prevent the proliferation of bad police officers going from department to department.”
While many seek justice for Nichols and his family for what is clearly morally wrong, and a significant legal settlement is all but a foregone conclusion, this case raises larger (and continuing) questions about our criminal justice system. Namely, how do we deal with not only racial injustice in policing, but the larger police culture that makes incidents such as this far more likely to occur to racial minorities?
Legislatively, the George Floyd Justice in Policing Act, which would create a national database of officers with misconduct issues, require sensitivity training and affect qualified community, will continue to be discussed, if not passed.
In California, Senate Bill 2, signed into law in 2021, seeks to prevent the proliferation of bad police officers going from department to department.
Look for Senate Bill 50 to be proposed, which would prohibit police from making traffic stops for low-level violations, which would (theoretically) make a Tyre Nichols situation less likely in California.
“The most important reason to be optimistic about progress is because conversations are occurring.”
While legislative battles continue, though, we have to proceed with enough measure to continue to respect and value responsible policing so that goodwill between police and the communities they serve can actually grow.
In some ways, justice issues made great progress in 2022. Dare I say, however, the most important reason to be optimistic about progress is because conversations are occurring. From the murders of George Floyd and Armaud Arbery, to the COVID-19 pandemic, to our growing recognition of our environmental crisis, conversations occurred throughout 2022.
Much of the legal work in these spaces emphasizes the reality that any negative societal trend disproportionately affects those that are already behind.
Conversations
Racial justice matters for everybody.
There are many legal implications through expected cases (criminal and civil), and related implications as we come into the new year. However, when we discuss the major obstacles to justice as we head into 2023, the moral implications loom as the largest question. As it pertains to racial justice in our society, often something has to be viewed as morally wrong before it becomes legally wrong.
“Change happens because people that believe in a common future have discussions about what they see on television and, more importantly, in their communities.”
There was a time when the killing of Tyre Nichols or Armaud Arbery would be considered “just deserts” because the victims were Black men. Some may still feel that way. But, much of the racial progress in the civil rights movement came because of changed opinions about the treatment of different people in society. Changed hearts led (and leads) to changed minds.
Legal battles will continue to be important. As important, however, are the conversations that we have with one another, in our homes, with our families and friends and in our communities. Elements of the community, including public servants and police, need to be part of these conversations, because they sow seeds of trust that can be used in a difficult time. Change does not happen because someone saw their favorite politician on television give a great speech. Change happens because people that believe in a common future have discussions about what they see on television and, more importantly, in their communities. At best, that speech inspires and perhaps frames a conversation.
As we move into 2023, for those that care about racial justice, awareness of what is happening in litigation and legislation are important. Our conversations, though, are the chief lifeline to our progress.
Joseph L. Richardson is a partner at McCune Law Group who specializes in racial and economic justice, class actions, employment, and civil rights cases. View his podcasts here, and reach him at jlr@mccunewright.com or (909) 757-1812.
Commentaries are welcome by email to tcm@FollowOurCourts.com
