The Living Consequences

The White House announced late yesterday that President Obama has re-nominated Berkeley law professor Goodwin Liu to the U.S. Court of Appeals for the Ninth Circuit.

Professor Liu’s nomination became controversial when it was discovered that he had addressed the subject of reparations for slavery on a panel following a special screening of our documentary, Traces of the Trade: A Story from the Deep North, in Washington, D.C. in 2008. Liu’s scholarship has also drawn considerable attention for its intellectual heft and for what conservative senators have declared to be a left-leaning philosophical approach to the law.

Professor Liu was originally nominated to the appellate judgeship in February, and passed the Senate Judiciary Committee on a 12-7 vote. His nomination expired, however, when the Senate recessed in August without having held a full vote.

Professor Liu’s nomination, along with several others who were re-nominated yesterday, must now pass the Senate Judiciary Committee again. A committee meeting has been scheduled for Thursday at which these nominations will be discussed.

President Obama’s nomination of controversial law professor Goodwin Liu to the U.S. Court of Appeals for the 9th Circuit has been blocked by Senate Republicans and returned to the White House.

Professor Liu became the subject of controversy in late March, in part due to remarks he made on a panel convened to discuss our documentary, Traces of the Trade: A Story from the Deep North. That evening, in response to the topic of reparations for slavery, Liu observed that any effort to compensate for our nation’s history of slavery and racial discrimination would inevitably require trade-offs which would diminish the privileges enjoyed by people who benefit from that history today.

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Professor Henry Louis (“Skip”) Gates, Jr. has an op-ed in this morning’s New York Times in which he takes on the issue of reparations for slavery.

Gates will, no doubt, attract enough controversy for his general approach to the issue. He is convinced that our society must address the issue of reparations, and that we must reach a “just and lasting agreement,” which he believes will have to be “a judicious (if symbolic) gesture to match such a sustained, heinous crime.”

Remarks like these will land any public intellectual in the U.S. in hot water these days. Just consider the case of Goodwin Liu, whose mild remarks related to reparations at one of our events in 2008 became a central issue in his nomination by President Obama for a seat on the Ninth Circuit.

However, this essay is most notable for telling difficult truths about the central role of Africans in the transatlantic slave trade, and thus about the shared culpability of people of different races in the resulting history of slavery.

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I’ve written before about the movement in Rhode Island to remove the words “Providence Plantations” from the state’s name. Supporters argue that these words constitute an offensive reminder of the state’s, and the nation’s, history of slavery.

Last night, the R.I. state legislature approved the constitutional amendment which would change the state’s name. The measure will go before the voters of Rhode Island next year.

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The U.S. Senate has approved a measure which would apologize to Native Americans, on behalf of the people of the United States, for a history of official misdeeds by the federal government and “many instances of violence, maltreatment, and neglect”by U.S. citizens.

The apology takes the form of an amendment to the 2010 defense appropriations bill, and would require the House and Senate to concur on a version of the appropriations bill which includes the amendment before it would take effect.

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As I previewed last month, the Massachusetts state legislature held a hearing yesterday on state representative Byron Rushing’s proposed slavery-era disclosure law.

Update: Governor Deval Patrick has commented that while he hasn’t read the bill, he agrees that “we have some unfinished work about some injustices that goes back generations.”

H 3148 would make Massachusetts the fifth state to enact a law intended to pry open corporate records on their involvement in slavery and the slave trade. As I’ve indicated in the blog posts I’ve linked to above, I think these laws offer significant benefits in addressing our nation’s pervasive amnesia regarding the centrality of slavery to our history and its relevance to our present circumstances.

The extent of the nation’s historical amnesia over slavery, particularly in the northern states, is strikingly illustrated by yesterday’s Associated Press story in advance of the hearing.

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Earlier this year, I wrote about Massachusetts State Representative Byron Rushing’s proposed slavery-era disclosure law. At that time, I indicated that Joint Committee on Tourism, Arts & Cultural Development should hold a public hearing later in the year.

The committee has now scheduled a public hearing for Monday, October 5 at 1:00pm at which testimony will be heard on Rushing’s bill, H 3148. The hearing will be held at the Strand Theatre in Dorchester.

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It was announced overnight that Senator Edward M. Kennedy of Massachusetts has died at the age of 77.

Much has been said about the legacy of Senator Kennedy, the “liberal lion of the Senate,” and much more will be said today and in the the future. As President Obama said in a statement released during the night, during his career “virtually every major piece of legislation to advance the civil rights, health and economic well being of the American people bore his name and resulted from his efforts.”

Here, I want to briefly highlight some of the ways in which Senator Kennedy has been a leading voice on civil rights for the last 45 years, repeatedly helping to redefine our understanding of the meaning of equality in areas such as race, ethnicity, national origin, gender, and disabilities.

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My cousin Katrina Browne has a commentary up this afternoon at CNN.com, entitled “Slavery needs more than an apology.”

Katrina is the director and producer of the Emmy-nominated PBS documentary Traces of the Trade: A Story from the Deep North. The film explores the history and legacy of our ancestors, who were the most successful slave-trading family in U.S. history.

In her commentary, Katrina writes about the significance of the U.S. Senate’s apology this summer for the nation’s history of slavery and racial discrimination. She discusses how little most Americans understand about this history or its enduring significance today, and asks why we cannot embrace this history and address its consequences in a positive spirit today.

Katrina Browne is interviewed today on NPR’s “Tell Me More” about the recent passage of a Senate apology for slavery.

The interview, conducted by Michel Martin, can be heard online here.

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