Education is Elevation
Education Is Elevation is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. The same Supreme Court that said racial profiling is okay when it comes to immigration is the same Supreme Court that said you better not use race when it comes to congressional maps. Name something more insidious. Name one thing in the modern legal landscape that exposes the architecture of pale supremacy more cleanly than that. I’ll wait. Because here’s the thing kinfolks, this ain’t a contradiction. A contradiction is when two things accidentally don’t line up. This is a strategy. This is racial illiteracy weaponized at the highest court in the country, and the only way you don’t see it is if you ain’t been trained to see it, or worse, you been trained to look away. Let me lay it out plain so the folks in the back can hear me. In 2023, the Supreme Court gutted affirmative action in Students for Fair Admissions v. Harvard, telling Black, Brown, and Indigenous students that race could no longer be considered in college admissions because, supposedly, the Constitution is color-blind. That same court, two years later, in cases dealing with Section 2 of the Voting Rights Act and now Louisiana v. Callais, has been busy gutting the ability of states to draw majority-Black congressional districts, again leaning on the language of color-blindness. Then turn around, that same bench gives federal immigration agents the green light to use race and ethnicity as a factor in stopping, questioning, and detaining people who look, sound, or are presumed to be Latino, Indigenous, or otherwise non-white. Crazy how that works, right? The Two-Roles Frame: What They Say vs. What Their Position Structurally Does iMa bE the first one to tell you, the Supreme Court will say with a straight face that they are simply applying neutral principles of constitutional interpretation. That’s the stage rhetoric. That’s the press release. But Wilderson talks about how antiblackness operates through gratuitous violence and fungibility, where the Black body is rendered both hyper-visible when targeted and invisible when seeking protection. Apply that here. Apply Mills 1997 on the racial contract. The court isn’t being inconsistent. The court is being perfectly consistent with the actual function of American jurisprudence, which is to preserve a racial hierarchy while denying that any such hierarchy exists. Two things can be true. The Supreme Court can claim to be color-blind. And the Supreme Court can be the most racially literate institution in the country when it comes to maintaining white power. This means the conservative legal movement is wrong when they tell us this is about principle. It also proves that having the luxury to call yourself color-blind is itself a position. Claimed neutrality is a position. A loud one. By doing color-blindness in front of cameras, you are making whiteness visible to anybody who knows how to read. Historical Context: This Ain’t New, This Is the Pattern For the folks who think this started with the Roberts Court, let me give you some historical context. The American legal tradition has always been bifurcated when it comes to race. The 1790 Naturalization Act limited citizenship to free white persons, requiring the law to know exactly what whiteness was. In the Chinese Exclusion Case of 1889, the Supreme Court said the federal government could exclude people on the basis of race because national sovereignty demanded it. Plessy v. Ferguson in 1896 said separate but equal was constitutional, requiring the state to racially classify every citizen at the train station while pretending the classification was harmless. Korematsu v. United States in 1944 said the federal government could intern Japanese Americans on the basis of ancestry, and that ruling has never been formally overturned, only narrowed. The Insular Cases from the early 1900s established that Puerto Ricans, Filipinos, and other colonized people were foreign in a domestic sense, building a whole jurisprudence around using race to distinguish full citizens from subjects. Then in the post-Civil Rights era, the same court that finally said in Brown 1954 that segregation was unconstitutional turned around and in Milliken v. Bradley 1974 said cross-district desegregation remedies were too much. In Bakke 1978, Justice Powell invented the diversity rationale that allowed limited use of race in admissions, but only as long as it was framed as helping white students get exposure to non-white students. In Shelby County v. Holder 2013, Chief Justice Roberts gutted the preclearance provision of the Voting Rights Act by famously declaring that things have changed. Then in 2023, that same court took the diversity rationale and threw it in the trash. And now in 2025, in Trump-era immigration enforcement cases, the court has signaled that racial and ethnic appearance can factor into reasonable suspicion when federal agents are looking for undocumented immigrants. Derrick Bell 1980 told us about interest convergence. Civil rights gains for Black folks only happen when they align with the interests of white elites. The retreat from those gains happens the moment that alignment breaks. We’re watching the retreat in real time. The Mastery of Pale Supremacy: A Working Definition What I’m calling the mastery of pale supremacy is this. It’s the institutional ability to weaponize race consciousness when it benefits the dominant group, and simultaneously demand racial color-blindness when racial consciousness would benefit anybody else. It is two doctrines held in the same hand, deployed by the same nine justices, justified by the same Constitution, depending entirely on which direction the racial flow benefits. Charles Mills called this an epistemology of ignorance. White ignorance about race is not the absence of knowledge. It is a structured, produced, defended way of not-knowing that allows the system to keep functioning. The Supreme Court has perfected this. They know exactly when to see race and exactly when to pretend it doesn’t exist. Intersectional Material Impacts: Who Pays Now let’s talk about who actually bleeds when these decisions come down, because this is where intersectional analysis is non-negotiable. Crenshaw 1989 gave us the framework, Combahee 1977 gave us the politics, Moya Bailey gave us the language of misogynoir. When we lose race-conscious admissions, the data from California after Proposition 209 and from Michigan after Proposal 2 shows us exactly what happens. Black women in particular get pushed out of selective STEM and pre-professional pipelines at higher rates than Black men, because Black women were disproportionately the ones using those pathways to escape both racial and gender wage gaps. When voting maps get redrawn to dilute Black voting power, the immediate material consequences fall hardest on Black women in the South, who are the most consistent Black voters and whose policy priorities, things like Medicaid expansion, maternal health funding, public school funding, get traded away first. Black maternal mortality is already four times the rate of white maternal mortality. Diluted political power means even less leverage to demand state-level policy that could actually save Black women’s lives. On the immigration side, when ICE and Customs and Border Protection get the green light to use racial appearance as reasonable suspicion, the people most likely to be stopped, detained, separated from their children, and deported are not abstract immigrants. They are Latina mothers, Indigenous women from Central America fleeing climate and cartel violence, Afro-Latino people who get racially profiled twice over, queer migrants whose asylum claims hinge on demonstrating credible fear in conditions designed to break them down. Spillers’ work on the ungendering of the Black diasporic body under captivity applies here too, because the racialized state treats migrant women’s bodies as fungible and disposable in ways that echo, not coincidentally, the logic of the slave ship. Hartman called it the afterlife of slavery for a reason. Robinson’s Black Marxism reminds us none of this is aberration. Racial capitalism requires a racialized underclass, and the legal system’s job is to manage which bodies belong in that underclass at any given moment. When the economy needs cheap migrant labor that can be threatened with deportation, the court makes race legally legible to immigration enforcement. When the economy needs to keep Black political power suppressed so that wealth doesn’t get redistributed through democratic means, the court makes race legally illegible to voting rights enforcement. Same court. Same logic. Different application. Thanks for reading Education Is Elevation! This post is public so feel free to share it. Implication for Education: This Is Why We Need Critical Pedagogy Here’s where I bring this home to education, because Education is Elevation ain’t just a tagline. The implication of this Supreme Court racial double standard for education is direct and devastating. When you ban race-conscious admissions while simultaneously allowing racial profiling, you create a generation of students who are legally invisible as racialized subjects when they try to access opportunity, but hyper-visible as racialized subjects when they try to exist in public. Freire 1968 told us the banking model of education is designed to deposit ruling-class ideology into students. Sandy Grande’s Red Pedagogy and the tradition of Black critical pedagogy from Carter G. Woodson through bell hooks tells us we have to actively counter that deposit with what hooks called education as the practice of freedom. But how can teachers do that when curriculum is being gutted? Florida, Texas, Oklahoma, and others are passing laws that ban discussion of structural racism in K-12 classrooms while university DEI offices are being defunded. The same political coalition pushing color-blind constitutionalism at the Supreme Court is also pushing color-blind curriculum in public schools. The strategy is to legally and pedagogically erase the very analytical tools students would need to understand what the court is doing to them. That’s not an accident. That’s racial illiteracy by design. Just admit it. The goal is to produce citizens who cannot read the racial structure of the world they live in, so they cannot organize against it. The Southern Black Left Tradition Says What Now Ella Baker would tell us the answer to a Supreme Court that has abandoned us is what it has always been. Group-centered leadership, mass-based political education, and movement infrastructure that doesn’t depend on the federal government to legitimate Black humanity. Fannie Lou Hamer didn’t wait on the court to declare her tired of being sick and tired. She built the Freedom Farm. The Southern Negro Youth Congress in the 1930s and 40s organized through Jim Crow without expecting the Supreme Court to save them. SNCC, Cooperation Jackson, Black Workers for Justice in the Carolinas, they all built infrastructure on the assumption that the federal government would either be a hostile or indifferent actor. We are returning to that political reality, and we need to return to that political tradition. Where Is the Smoke Where is the smoke for a court that uses race as a sword when it wants to surveil us and as a forbidden category when we want to be represented? Where is the bipartisan outrage at racial profiling becoming federal policy? Where are the Democrats who told us they would expand the court, codify voting rights, pass meaningful immigration reform? The silence is loud, and that silence is also a position. Most of the political class is shucking and jobbing while the legal foundation of multiracial democracy is being dismantled in front of us. This ain’t no threat, this is a promise: the wrong side of history is being decided right now, and we get to decide whether we name it clearly or whether we let the next generation inherit the same fog. So when y’all see headlines saying the Supreme Court ruled this way on immigration and that way on voting rights, don’t read those as two separate stories. Read them as the same story, told twice, by the same authors, to the same end. The same Supreme Court that said racial profiling is okay when it comes to immigration is the same Supreme Court that said you better not use race when it comes to congressional maps. That’s not inconsistency. That’s the mastery of pale supremacy. Now you see it. Now you can teach it. Now you can organize against it. Education is Elevation. Thanks for reading Education Is Elevation! This post is public so feel free to share it. 5 Key Takeaways * The court is not inconsistent, it is strategic. Allowing racial profiling in immigration enforcement while banning race-conscious admissions and voting maps is not a contradiction. It is the precise function of a legal system designed to preserve racial hierarchy while denying that hierarchy exists. Charles Mills called this the epistemology of ignorance. The court has mastered it. * Color-blindness is itself a racial position. Claimed neutrality is never neutral. By demanding the law not see race in voting maps and admissions while granting itself permission to see race at the border, the court is performing whiteness as the unmarked default. Naming this is not paranoia. It is racial literacy. * The material impacts are intersectional and they fall hardest on Black and Brown women. From STEM pipeline collapse after affirmative action bans, to Black maternal health outcomes worsening as Black political power gets diluted, to migrant women being targeted by racial-profile-driven enforcement, the people who lose first and worst are the people Crenshaw, Combahee, and Moya Bailey told us to look for. * This is interest convergence in reverse. Derrick Bell taught us civil rights gains require alignment between Black interests and white elite interests. We are watching that alignment break in real time. The retreat from race-conscious remedies is happening exactly because elite interests no longer require the compromise that produced those remedies in the first place. * The Southern Black Left tradition gives us the playbook. Ella Baker, Fannie Lou Hamer, the SNCC, the Southern Negro Youth Congress, Cooperation Jackson. None of them waited on the federal government to validate Black humanity. The response to a court that has abandoned multiracial democracy is mass political education, group-centered leadership, and independent movement infrastructure. Research over MeSearch. Become a Paid Subscriber If the Supreme Court is mastering pale supremacy in plain sight, somebody has to be in the room mastering racial literacy in return. That’s what this work is for. Education is Elevation isn’t just a tagline. It’s a direct response to the fact that the institutions that used to do this work, public media, public universities, K-12 social studies departments, are being defunded, defanged, or scared into silence. I’m fighting to fill a critical void left by the retreat of public education media. I document and teach the histories, legal frameworks, and cultural knowledge that are being systematically erased or distorted. With no corporate backing or wealthy sponsors, this work depends entirely on readers like you. As a Black educator and researcher my work depends entirely on a community of readers, not corporate sponsors. If everyone reading this became a paid subscriber, we could build a full-time digital sanctuary: a new, independent source of PBS-depth reporting and curriculum, centered on Black expertise. But right now, less than 1% of my followers are paid subscribers. Education Is Elevation is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Related Readings and Works Cited Mills, Charles W. (1997). The Racial Contract. Cornell University Press. The foundational text for understanding how Western political philosophy and law are built on an unstated racial agreement that grants moral and political personhood to whites while denying it to non-whites. Mills’ framework is essential for reading the Supreme Court’s so-called inconsistencies as actually consistent applications of the racial contract. Bell, Derrick A. (1980). Brown v. Board of Education and the Interest-Convergence Dilemma. Harvard Law Review, 93(3), 518-533. Bell’s argument that civil rights gains for Black people only occur when those gains align with the interests of white elites. Indispensable for understanding why the current Supreme Court is dismantling civil rights protections now that the Cold War-era interest convergence has expired. Crenshaw, Kimberlé W. (1989). Demarginalizing the Intersection of Race and Sex. University of Chicago Legal Forum, 139-167. The article that gave us intersectionality as legal theory. Required reading for understanding why Black women and women of color absorb the compounded harm of Supreme Court rulings that treat race and gender as separable categories. Robinson, Cedric J. (1983). Black Marxism: The Making of the Black Radical Tradition. University of North Carolina Press. Robinson’s argument that racial capitalism is not a deviation from capitalism but its constitutive logic. The Supreme Court’s racial double standards make sense only when read through Robinson’s framework. Wilderson, Frank B. III. (2010). Red, White & Black: Cinema and the Structure of U.S. Antagonisms. Duke University Press. Wilderson’s articulation of Afropessimism and the structural position of Blackness as social death. His framework explains how Black bodies are simultaneously hyper-visible to state violence and invisible to state protection. Hartman, Saidiya V. (2007). Lose Your Mother: A Journey Along the Atlantic Slave Route. Farrar, Straus and Giroux. Hartman’s concept of the afterlife of slavery, where the political and economic conditions of slavery persist in the present, frames how we should read current Supreme Court rulings as direct continuations of antebellum and Reconstruction-era jurisprudence. Combahee River Collective. (1977). A Black Feminist Statement. The foundational statement of Black feminist politics that demands simultaneous analysis of race, gender, class, and sexuality. Essential for reading the intersectional fallout of voting rights rollbacks and affirmative action bans. Spillers, Hortense J. (1987). Mama’s Baby, Papa’s Maybe: An American Grammar Book. Diacritics, 17(2), 65-81. Spillers’ theorization of how the captive Black body is ungendered under chattel slavery and how that ungendering persists in American legal and cultural grammar. Bailey, Moya. (2021). Misogynoir Transformed: Black Women’s Digital Resistance. NYU Press. Bailey’s articulation of misogynoir, the specific anti-Black misogyny faced by Black women, is the precise lens needed to understand who absorbs the compound harm of the Supreme Court’s current direction. hooks, bell. (1994). Teaching to Transgress: Education as the Practice of Freedom. Routledge. hooks’ framework for liberatory pedagogy and why education that ignores structural racism reproduces it. Freire, Paulo. (1968). Pedagogy of the Oppressed. Continuum. Freire’s banking model of education and his framework for critical consciousness are essential for understanding what the anti-CRT movement and color-blind constitutionalism are actually trying to prevent. Grande, Sandy. (2004). Red Pedagogy: Native American Social and Political Thought. Rowman & Littlefield. Grande extends critical pedagogy through Indigenous political thought and exposes how settler-colonial logics shape American education policy and curriculum. Ransby, Barbara. (2003). Ella Baker and the Black Freedom Movement: A Radical Democratic Vision. University of North Carolina Press. The definitive biography of Ella Baker and the most rigorous account of group-centered leadership as an alternative to top-down, court-dependent civil rights strategy. López, Ian Haney. (2006). White by Law: The Legal Construction of Race. NYU Press. A history of how American courts have legally constructed whiteness, including the prerequisite cases of the early 20th century, directly relevant to today’s racial profiling jurisprudence. Burnham, Linda, & Patterson, Tiffany Ruby (Eds.). Selected works on the Southern Negro Youth Congress, Black Workers for Justice, Cooperation Jackson, and the Southern organizing tradition. Essential primary and secondary sources for the Southern Black Left tradition that informs movement strategy in this current moment. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit theconsciouslee.substack.com/subscribe [https://theconsciouslee.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_2]
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