In closing her final event as the W. Haywood Burns Chair in Human & Civil Rights, Kristen Clarke details how we might build the future of justice.
First, reimagine what democracy should look like in America. It is clear that the democratic system we imagined, while dynamic, was not enough for the 21st Century America that we find ourselves in. What are the guardrails necessary to fortify democracy so that it does not fall prey to the hands of future authoritarian leaders?
Second, there have been 27 amendments to the constitution. Let’s consider 28, 29 and 30 now. It is not easy amending this document but that need not stand in the way of considering what it would mean to have a real constitutionally-guaranteed right to vote, what it would be mean to ensure that we have religious liberty while not allowing religion to be used as a smokescreen to discriminate on the basis of race, on the basis of LGBTQ status and more.
Third, consider Supreme Court reform. Do we institute term limits for Justices, mandate ethics reform, take steps to make the court’s decision-making less predictable? Do we ban the shadow docket?
Fourth, how do we move towards a system that is based on the popular vote? Now there is the National Popular Vote Interstate Compact where states have agreed to award all of their electoral voters to whichever candidate wins the overall popular vote 5 of our 47 presidents have secured office without winning the popular vote nationwide. To date, 18 states have agreed to the compact.
Fifth, we need more academic study and rigorous examination of all of the ways in which we continue to see racial discrimination and bias in our society. As this administration exploits the SFFA v. Harvard ruling issued by the Supreme Court to try and eliminate race conscious remedies writ large, we need to reclaim that narrative and continue to shine a light on the gross racial disparities that continue to infect virtually every sector of society.
Sixth, as the federal government turns its back on vulnerable communities and abandons the task of civil rights enforcement, this is a moment where we are seeing State Attorneys General, and others, step up in really extraordinary ways to fill the gaps. So find your local enforcement leaders who have the power and political will to do more than what they have been called to do before – your public defenders, your human rights commissions, your reform-minded local district attorneys.
Seventh, vote. Vote in each and every election, big and small, every special election. Encourage mass turnout. Vote up and down the ballot. It matters now more than ever. And if you don’t like what you see on the ballot then run for office yourself.
Eighth, we should be thinking about AI and the way in which it has been integrated, with no guardrails, into virtually every sector of society. And we need to confront the ways in which AI is allowing for hyper-concentration of wealth into the hands of a few. How do we course correct?
Ninth, we need to be thinking about our arsenal of federal civil rights laws. They brought us this far as a nation but we need more tools. What are the new civil rights laws that will help ensure a more fair and just society going forward.
Tenth, just find a lane. The issues that we face are large in scope and complicated and can feel daunting but if we each lean into our expertise and what we can bring to this fight, collectively we can overcome this moment. Use this moment to think big, to be bold, to be aggressive, to be creative in thinking about, studying and rigorously coming up with your own reform agenda.
What I do know is that a mere return to the status quo is not enough. The events of the last 14 months make clear that we were not fully prepared for the full range of authoritarian threats that we see domestically and globally, and we have an opportunity for system redesign that can help make our society and our democracy more just.