Critical Race Judgments
Rewritten U.S. Court Opinions on Race and the Law

Using CRT, this book demonstrates how law can make Black lives, and the lives of other racially marginalized groups, matter.

Bennett Capers (Edited by), Devon W. Carbado (Edited by), R. A. Lenhardt (Edited by), Angela Onwuachi-Willig (Edited by)

9781107164529, Cambridge University Press

Hardback, published 21 April 2022

600 pages
23.5 x 15.7 x 4.3 cm, 1.194 kg

'Critical Race Judgments could not come at more important moment. Each offering from the brilliant array of legal scholars assembled for this extraordinary project compels us to imagine the America that could have been, had the Supreme Court's jurisprudence been informed by the necessary truths that critical race theory engages. Ironically this makes Critical Race Judgments both devastating and inspiring - clearly exposing the ruinous jurisprudential path that has led us away from fulfilling the promise of the Civil War Amendments, and offering a potential path towards a jurisprudence that could still save our fragile republic.' Sherrilyn Ifill, NAACP Legal Defense Fund President and Co-Director

By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases – Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) – originally focused on race, many of the rewritten opinions – Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) – are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.

Introduction: Brown v. Board of education Derrick Bell
Part I. Membership and Inclusion: Arizona v. United States Kevin Johnson
Chae Chan Ping v. United States Rose Cuizon Villazor
Plessy v. Ferguson Trina Jones
Korematsu v. United States Robert Chang
The Slaughter-House cases Francisco Valdez
Terry v. Ohio Paul Butler
Rogers v. American airlines Wendy Greene
Part II. Participation and Access: Shaw v. Reno Guy Charles and has Luis Fuentes-Rohwer
Rice v. Cayetano Addie Rolnick
Milliken v. Bradley Michelle Adams
Gong Lum v. Rice Reginald Oh
Regents of the university of california v. Bakke Luke Charles Harris
Parents involved v. seattle school district no. 1 Charles Lawrence
Part III. Property and Space: Dred Scott v. Sandford Cheryl Harris
Virginia v. Black Mari Matsuda
Palmer v. Thompson Elise Boddie
Griggs v. Duke Power Co. Angela Onwuachi-Willig and David Simson
Washington v. Davis Kimberlé Crewnshaw
Katz v. United States Bennett Capers
Illinois v. Wardlow L. Song Richardson
Part IV. Intimate choice and autonomy: Loving v. Virginia Peggy Cooper Davis
Adoptive Couple v. Baby Girl Matthew Fletcher
Reno v. Flores Jennifer Chacón
Lawrence v. Texas Russell Robinson
Moore v. City of East Cleveland Robin Lenhardt
Buck v. Bell Dorothy Roberts
Roe v. Wade Melissa Murray
Part V. Justice: United States v. Cruikshank Pratheepan Gulasekaram
McCleskey v. Kemp Mario Barnes
Whren v. United States Devon Carbado and Jonathan Feingold
Richardson v. Ramirez Janai Nelson
Bean v. Southwestern waste management corp Sheila Foster
Barlow v. Collins Angela P. Harris
Muller v. Oregon Khiara Bridges
Williams v. Walker-Thomas furniture Co. Emily Hough
San Antonio Independent school district v. Rodriguez Rachel Moran.

Subject Areas: Constitutional & administrative law [LND], Constitution: government & the state [JPHC], Sociology [JHB], History of the Americas [HBJK]