Critical Race Theory



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***CRT BAD***



CRT Fails

Race Critics reject all principles causing them to become politically ineffective


Pyle 99- a trial lawyer specializing in First Amendment and media law. He has represented clients in state and federal court in a wide variety of civil cases, including libel claims, civil rights cases, and commercial disputes (“Race, Equality, and the Rule of Law: Critical Race Theory’s Attack on the Promises of Liberalism” http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=2124&context=bclr&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Dcritical%20race%20theory%20randall%20kennedy%26source%3Dweb%26cd%3D1%26ved%3D0CCgQFjAA%26url%3Dhttp%3A%2F%2Flawdigitalcommons.bc.edu%2Fcgi%2Fviewcontent.cgi%3Farticle%3D2124%26context%3Dbclr%26ei%3D6M1cT7eoB4jhiAKQqbnXCw%26usg%3DAFQjCNHAmA_oZsiBOwhxDrE1cbvNYRw8Sg%26sig2%3D594KFFfIaVHaU4RonqMT_Q#search=%22critical%20race%20theory%20randall%20kennedy%22, p.4-5)

This Note criticizes CRT as au unprincipled, divisive and ultimately unhelpful attack on the liberal tradition ill America." First, race-crits fail to offer replacements for liberalism's core values.'• Rather, their postmodern rejection of all principles leaves them entirely "critical," while their narrow, interested stance renders them mere advocates within the liberal legal system, not theorists who might offer better alternatives. 20 Second, despite their undeniable energy, the raceemits are remarkably unhelpful as legal and political advocates within the liberal system. Their wholesale rejection of the rule of law limits their persuasiveness as legal advocates, while their dismissal of America's guiding principles makes them politically ineffective.2 ' In the process, the race-crits' racialist, blame-game rhetoric does much to alienate potentially helpful whites. 22 .


The use of narratives by race critiques makes it impossible to find legit evidence, invalidating their arguments


Pyle 99- a trial lawyer specializing in First Amendment and media law. He has represented clients in state and federal court in a wide variety of civil cases, including libel claims, civil rights cases, and commercial disputes (“Race, Equality, and the Rule of Law: Critical Race Theory’s Attack on the Promises of Liberalism” http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=2124&context=bclr&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Dcritical%20race%20theory%20randall%20kennedy%26source%3Dweb%26cd%3D1%26ved%3D0CCgQFjAA%26url%3Dhttp%3A%2F%2Flawdigitalcommons.bc.edu%2Fcgi%2Fviewcontent.cgi%3Farticle%3D2124%26context%3Dbclr%26ei%3D6M1cT7eoB4jhiAKQqbnXCw%26usg%3DAFQjCNHAmA_oZsiBOwhxDrE1cbvNYRw8Sg%26sig2%3D594KFFfIaVHaU4RonqMT_Q#search=%22critical%20race%20theory%20randall%20kennedy%22, p. 9-10)

Because evidence plays little role in the race-crits' description of black disadvantage, they feel no need to explain the economic and political progress of black Americans during the last thirty years.°' Postmodern subjectivism allows race-crits to dismiss inconvenient facts as suspect if they appear to support the "dominant" perspective. 62 Thus, Derrick Bell dismisses all criticism of CRT by whites as "a pathetically poor effort to regain a position of dominance:" He encourages race-crits, when criticized, to "consider the source. As to a response, a sad smile of sympathy may suffice."'"'Black scholars like Randall Kennedy, who dare dispute CRT's assertions, arc tarred with an academic version of the "Uncle Tom" epithet." For example, Paul Butter dismissed criticism of his call for race-based jury nullification with the insulting allegation that his critic (Kennedy) simply wanted to be an "honorary white."" Instead of civil discourse, race-crits substitute subjective, personal and even fictitious "narratives" as evidence of the permanence and prevalence of racism." Public discourse, to race-crits, is just a clash of different "stories:" Indeed, "'rationalism' is itself, just a particular kind of story"" which can be contradicted with non-rational "counterstories."7" Unlike empirical research, however, the meaning, accuracy or representativeness of a personal story cannot be questioned without attacking the storyteller's identity, thereby confirming the critic's hostility to the victims of racism." Questioning the race-crits' grip on reality, then, is not just disrespectful, it is oppressive. 72


The focus of the law being the problem thus making racial equality impossible is pessimistic and stops progress


Pyle 99- a trial lawyer specializing in First Amendment and media law. He has represented clients in state and federal court in a wide variety of civil cases, including libel claims, civil rights cases, and commercial disputes (“Race, Equality, and the Rule of Law: Critical Race Theory’s Attack on the Promises of Liberalism” http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=2124&context=bclr&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Dcritical%20race%20theory%20randall%20kennedy%26source%3Dweb%26cd%3D1%26ved%3D0CCgQFjAA%26url%3Dhttp%3A%2F%2Flawdigitalcommons.bc.edu%2Fcgi%2Fviewcontent.cgi%3Farticle%3D2124%26context%3Dbclr%26ei%3D6M1cT7eoB4jhiAKQqbnXCw%26usg%3DAFQjCNHAmA_oZsiBOwhxDrE1cbvNYRw8Sg%26sig2%3D594KFFfIaVHaU4RonqMT_Q#search=%22critical%20race%20theory%20randall%20kennedy%22, p

After asserting the ubiquity of racial "subordination" in American society, race-cri ts assert that law is dot the solution—it is part of the problem." The American legal system, they argue, is structurally incapable of achieving racial equality because law is essentially politics," and politics is white supremacy.m. Neither laws nor judicial decisions can rest, as Herbert Wechsler said they must, "on reasons quite transcending the immediate result that is achieved,"" because white lawmakers cannot transcend their subconscious racism."' To the race-crits, the hard-won protections of civil rights law, so dear to integrationists like Thurgood Marshall," serve primarily to deflect calls for more radical change, thereby preserving the racial status quo. 88 As a result, "abstract principles," such as racial equality, can only "lead to legal results that harm blacks and perpetuate their inferior status." 89 Race-crits sometimes refer to this as a "realist" interpretation of law, in the tradition of American legal realism." The legal realism movement, prominent in law schools between the late 1920s and early 1950s, attacked the formalistic notion that legal rules, if applied faith- fully, would produce predictable outcomes in most situations. 91 Critical race theory's links to this body of scholarship, however, are superficial—the only real similarity between CRT and legal realism is that both theories are hostile to rigid formalism.92 Unlike race-crits, the legal realists did not "deconstruct" law and leave nothing in the void. Some used empirical research about social conditions to inform legal rules,93 while others focused their efforts on making legal scholarship more reflective of legal reality. 94




CRT oversimplifies all harms within Race Crit, which fails


Pyle 99- a trial lawyer specializing in First Amendment and media law. He has represented clients in state and federal court in a wide variety of civil cases, including libel claims, civil rights cases, and commercial disputes (“Race, Equality, and the Rule of Law: Critical Race Theory’s Attack on the Promises of Liberalism” http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=2124&context=bclr&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Dcritical%20race%20theory%20randall%20kennedy%26source%3Dweb%26cd%3D1%26ved%3D0CCgQFjAA%26url%3Dhttp%3A%2F%2Flawdigitalcommons.bc.edu%2Fcgi%2Fviewcontent.cgi%3Farticle%3D2124%26context%3Dbclr%26ei%3D6M1cT7eoB4jhiAKQqbnXCw%26usg%3DAFQjCNHAmA_oZsiBOwhxDrE1cbvNYRw8Sg%26sig2%3D594KFFfIaVHaU4RonqMT_Q#search=%22critical%20race%20theory%20randall%20kennedy%22, p.27-29)

To Derrick Bell, in contrast, the coffers of justice in America have always been empty. To him, the promises of liberalism are just "bogus freedom checks" which "the Man" will never honor.24 ' Bell, like other race-crits, attacks American liberalism from a European political orientation, which conceives of politics as a zero-sum struggle between entrenched classes or groups. 242 In this view, all politics is power politics, and law serves merely as an instrument or oppression by the group that happens to be in power. 2'3 No common principles exist which might persuade whites to he more inclusive. 241 The race-crits, like other class theorists, do not attempt to prove that African Americans are permanently disadvantaged; they simply assert it Nor do they acknowledge that black Americans have made considerable (although Far from satisfitctory) progress since de jure segregation was ended."' Critical race theory, like Marxism before it, clings to group "domination" as the single cause of disadvantage.2' 7 It takes one unifying idea—racial domination—and tries to fit all facts and law into it.248


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