May 8, 2024

Part One:

We speak with Harold Meyerson, Editor at Large at The American Prospect., about the two surprises from the Supreme Court last week: (1) in Bostock, holding that it is illegal, under Title VII of the Civil Rights Act of 1964, for an employer to discrimination against LGBT people; and (2) in Trump v. NAACP. that the DHS acted illegally in rescinding Pres. Obama’s DACA program, because proper procedures weren’t followed.

We wondered why two Justices who were thought to be reliable conservatives voted with the four liberal justices to reach results that were advocated by progressive groups.  The answer is that John Roberts and Neil Gorsuch were not so much supporting the progressive results but rather were trying to maintain the legitimacy of American institutions, particularly the Court itself.

Indeed, by sending the DACA case back to the lower courts for further proceedings, the High Court gave Trump an opportunity to try again to rescind the DACA program, this time by following all proper procedures.  And Trump has vowed to do just that.  But at least now, the Court has won respect for ordering the administration to follow “the rule of law.”

We also discuss the first major elections of the George Floyd era. In particular, we wonder whether that police killing and the fall elections will be influenced in any way by the (still-ongoing) outpouring of demonstrators who oppose systemic racism and police brutality

Part Two:

We discuss with Calvin Schermerhorn, history professor at Arizona State University, his analysis of how Black Americans, who have served as crucial workers (and soldiers) in various crises throughout American history, have emerged from those crises even *worse off* than they had been.

We have not only failed to render Blacks better off, after our national crises, but it is the white elites – the very people who had previously controlled Black lives – have time and time again found new ways to advance their own (white) economic (and other) interests and to hold back the opportunities for Blacks to share equally in those benefits.

It is an embarrassing history, chilling for our country’s inability (or unwillingness) to take sufficient action to change the outcome.  We are now living in a moment when a combination of crises has raised the national consciousness about system-wide inequities.  Will this time be different?