Title: “Stubborn Facts of History Linger”
The title is taken from The Color of Law, Richard Rothstein’s book, in which he thoroughly argues that “African Americans were unconstitutionally denied the means and right to integration in middle-class neighborhoods, and because this denial was state-sponsored, the nation is obligated to remedy it.”
But…
The words in my title are not Rothstein’s. They come from Justice Anthony Kennedy’s opinion in a 1992 case addressing school segregation. Kennedy disagreed with Rothstein in calling for a government remedy to a history of government policies. He dismissed a causal connection between state actions and segregation. In 2007, Chief Justice Roberts would echo Kennedy’s words. To them, “wrongs committed by the state have little causal link to the segregation we see around us.”
I chose Kennedy's words because they express the view of those in power who attempt to rectify the situation, but choose not to. The “see no evil, hear no evil, speak no evil” graffiti on the green wall speaks to that notion.
