Pleading and Antiracism
Despite the persistence of U.S. racism, African Americans consistently have pursued the promise of equality through the courts. However, calls for equality have increasingly been supplemented by demands for antiracist policies and institutions. Antiracism goes beyond focusing on intentional bad behavior and requires reckoning with high institutions and policies help maintain White supremacy and contribute to passive racism. Passive racism is “an apathy toward systems of racial advantage or denial that those systems exist.” This evolution in thought is occurring at the same time that federal courts are raising the bar for plaintiffs. Recent United States Supreme Court decisions on how to sufficiently establish discrimination claims raise questions about the role federal courts play in the pursuit of racial justice and antiracist institutions.
Deseriee Kennedy, Pleading and Antiracism, in A GUIDE TO CIVIL PROCEDURE: INTEGRATING CRITICAL LEGAL PERSPECTIVES (Brooke Coleman, Suzette Malveaux, Portia Pedro, & Elizabeth Porter eds., 2022).
New York University Press