I've found during my almost twenty years in Washington that the tendency to personalize differences has grown to be an accepted way of doing business. One need not do the hard work of dissecting an argument. One need only attack and thus discredit the person making the argument. Though the matter being debated is not effectively resolved, the debate is reduced to unilateral pronouncements and glib but quotable cliches.

One of the interesting surprises is the virtual isolation, even within the court. It is quite rare that the members of the court see each other during those periods when we're not sitting or when we're not in conference. And the most regular contact beyond those two formal events are the lunches we have on conference and court days.

The Court's decision today is at odds not only with the constitution, but with the principles upon which our Nation was built. Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits. The framers created our constitution to preserve that understanding of liberty. Yet the majority invokes our Constitution in the name of a 'liberty' that the framers would not have recognized, to the detriment of the liberty they sought to protect. Along the way, it rejects the idea—captured in our Declaration of Independence—that human dignity is innate and suggests instead that it comes from the Government. This distortion of our Constitution not only ignores the text, it inverts the relationship between the individual and the state in our Republic. I cannot agree with it.

Though the ideas and opinions themselves are not necessarily illegitimate if held by non-black individuals, they, and the person enunciating them, are illegitimate if that person happens to be black. Thus, there's a subset of criticism that must of necessity be reserved for me, even if every non-black member of the court agrees with the idea or the opinion. You see, they are exempt from this kind of criticism, precisely because they are not black. As noted earlier, they are more often than not subjected to the whites-only sophisticated analysis.

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As I have noted, I find a thoughtful, analytical criticism most helpful. I do not think any judge can address a vast array of cases and issues without testing and re-testing his or her reasoning and opinions in the crucible of debate. However, since we are quite limited in public debate about matters that may come before the court, such debate must, for the most part, occur intramurally, thus placing a premium on outside scholarship.

I, for one, have been singled out for particularly bilious and venomous assaults. These criticisms, as near as I can tell, and I admit that it is rare that I take notice of this calumny, have little to do with any particular opinion, though each opinion does provide one more occasion to criticize. Rather, the principal problem seems to be a deeper antecedent offense: I have no right to think the way I do because I'm black.

Those incentives have made the legacy of this Courts public purpose test an unhappy one. In the 1950s, no doubt emboldened in part by the expansive understanding of public use this Court adopted in Berman, cities rushed to draw plans for downtown development. Of all the families displaced by urban renewal from 1949 through 1963, 63 percent of those whose race was known were nonwhite, and of these families, 56 percent of nonwhites and 38 percent of whites had incomes low enough to qualify for public housing, which, however, was seldom available to them. Public works projects in the 1950s and 1960s destroyed predominantly minority communities in St. Paul, Minnesota, and Baltimore, Maryland. In 1981, urban planners in Detroit, Michigan, uprooted the largely lower-income and elderly Poletown neighborhood for the benefit of the General Motors Corporation. Urban renewal projects have long been associated with the displacement of blacks; [i]n cities across the country, urban renewal came to be known as Negro removal. Over 97 percent of the individuals forcibly removed from their homes by the slum-clearance project upheld by this Court in Berman were black. Regrettably, the predictable consequence of the Court’s decision will be to exacerbate these effects.

With respect to my following, or, more accurately, being led by other members of the Court, that is silly, but expected since I couldn't possibly think for myself. And what else could possibly be the explanation when I fail to follow the jurisprudential, ideological and intellectual, if not anti-intellectual, prescription assigned to blacks. Since thinking beyond this prescription is presumptively beyond my abilities, obviously someone must be putting these strange ideas into my mind and my opinions.

Thank you, Judge Keith, for your kind, warm words. As always, I deeply appreciate the manner in which you have made yourself available over the years for counsel and advice. And I appreciate your courteous and dignified example over the past 15 years. And I might add parenthetically here, I met Judge Keith in the early '80s when I was trying to figure out a way to distribute in excess of 10 million dollars to minorities for scholarships, and was being opposed by individuals who should have been supporting us. And it was his advice and counsel that bolstered us in that effort. We who are just commencing our tenures as judges can only hope to emulate your positive spirit and the strength of character that you've always demonstrated.

Mister Mayor, my fellow colleagues of both bench and bar, it's a pleasure to be here. And one advantage is that similar to being on the bench, I have heard all of the arguments, and will take them under advisement. I have been told recently that Judge Bailey does not take matters under advisement that frequently, so I will stay out of his court. But it is indeed a pleasure to be here.