Courts

Oklahoma Supreme Court Dashes Hope Of Justice For Tulsa Massacre Survivors

‘A legal system only begins by foreclosing the past... Only wrongs within the system can be made right.’ - Anthony P. Farley

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lady-justice-g92f671a98_1920Critical race theory has gotten quite a lot of heat for the way that it “creates division” or “makes victims and oppressors out of the citizenry.” But theorization shouldn’t be gauged by how it makes you “feel,” it should be based on its efficacy as a tool for understanding its object of inquiry. As such, critical race theorists have offered explanations on racial matters that, quite frankly, have held up to the test of time. As an example, take a second to listen to 5:25-9:21 of this lecture on the possibility of legal redress and the rule of law by Anthony P. Farley:

It is hard to not hear reverberations of this upon hearing the Oklahoma Supreme Court’s recent decision in the Tulsa Massacre case. From Bloomberg Law:

Survivors of the Tulsa Race Massacre aren’t entitled to compensation for losses stemming from the 1921 attack on what was known as Black Wall Street, Oklahoma’s highest court said Wednesday.

The ruling deals a blow to racial justice advocates who saw the case as a legal path to reparations for historical violence against Black people.

Lessie Benningfield Randle and Viola Fletcher, both over 100, and descendants of other survivors sought restitution for the attack by a White mob on the Greenwood neighborhood of Tulsa, which was home to a thriving Black community and Black-owned businesses.

Confronted with the undisputed brutality of the 1921 massacre and its living survivors, the Okalahoma Supreme Court effectively suggested that the survivors create a GoFundMe account to address the suspension of the rule of law that led to untold bloodshed, mass graves, and mass theft:

“Though Defendants’ promotion of the Massacre as a fundraising effort may be considered unconscionable by Plaintiffs, neither law nor equity prevent Defendants from promoting the Massacre for historical purposes and community improvement,” [Justice] Rowe also wrote.

This is a sad day for folks interested in the possibility of redress and reparations within a legal framework. Despite the frequent mobilization against CRT (talking about race and law hurts my feelings, etc), it is hard to deny the explanatory power of the body of work, not to mention its track record with predicting legal outcomes. We extend our condolences to the survivors and victims of the Tulsa Massacre.

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Tulsa Race Massacre Survivors Lose Restitution Case Against City [Bloomberg Law]

Earlier: Still Hope For Justice

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.

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