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States Rights, Legal Wrongs: A Recurring Page from the Segregationist Playbook
In this episode, the hosts discuss the history of invoking some form of States’ Rights theory to limit the efforts of the federal government to expand or protect the rights of persons within the United States
Southern Manifesto
https://en.wikipedia.org/wiki/Southern_Manifesto
Mississippi State Sovereign Commission
https://web.archive.org/web/20191205182453/http://mshistorynow.mdah.state.ms.us/index.php?id=243
Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality
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Claudine Gay: The Latest Victim in the Debate over DEI, Affirmative Action, and Meritocracy
In this episode, the hosts discuss the controversy concerning the Resignation of Harvard president Claudine Gay.Is Diversity, Equity, and Inclusion undermining merit or does it address a history of Discrimination, Exclusion, and Inequality.
Claudine Gay's Resignation
The Claudine Gay Debacle Was Never about Merit
Claudine Gay and the Limits of Social Engineering at Harvard
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From Jamestown to Charlottesville: Virginia and America’s racial divide
In this episode, the hosts discuss the leading role that Virginia has played in the racial divide in America’s history. Home to the Founding Fathers and Capital of the Confederacy, the state has been the crucible of the ideals which built this country and the ideas which would tear it apart.
Washington, DC History
https://washington.org/DC-information/washington-dc-history
Virginia 1619
https://time.com/5653369/august-1619-jamestown-history/
https://www.washingtonpost.com/history/2019/02/06/virginia-is-birthplace-american-slavery-segregation-it-still-cant-escape-that-legacy/
https://en.m.wikipedia.org/wiki/2019_Virginia_political_crisis.
https://blackvirginia.richmond.edu/items/show/873
https://www.brookings.edu/articles/when-white-supremacy-came-to-virginia/
https://encyclopediavirginia.org/entries/an-act-concerning-servants-and-slaves-1705/
https://www.battlefields.org/learn/articles/10-facts-founding-fathers
https://www.monticello.org/exhibits-events/livestreams-videos-and-podcasts/enslaved-on-grounds-slavery-at-the-university-of-virginia/#:~:text=From%20Thomas%20Jefferson's%20founding%20of,nation's%20most%20prestigious%20public%20universities
Florida Episode - https://podcasts.apple.com/us/podcast/black-history-never-equal-never-protected-first-stop/id1485019282?i=1000623777868
Indiana Episode - https://podcasts.apple.com/us/podcast/black-history-never-equal-never-protected-up-north/id1485019282?i=1000627180421
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Holding the Line: Sandra Day O’Connor’s legacy of bringing stability to the Supreme Court by protecting its established precedents.
In this episode, the hosts discuss Justice O’Connor’s role as the “swing vote” as the Court addressed major fault lines in our society on issues such as abortion, affirmative action, and gender equality.
Planned Parenthood v. Casey
https://supreme.justia.com/cases/federal/us/505/833/
Grutter v. Bollinger
https://supreme.justia.com/cases/federal/us/539/306/
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Black History: Never Equal; Never Protected: Up North to Indiana
In this episode, the hosts continue examining how specific states have addressed racial equality, Black history, and White Supremacy. In this episode, they travel outside the Deep South, and focus on the state of Indiana – Klan Capital and home of Sundown Towns.
LINKS IN THIS EPISODE
Links for podcast
Violence in Jacksonville Florida
https://www.cnn.com/2023/08/26/us/jacksonville-florida-shooting-multiple-fatalities/index.html
https://www.nytimes.com/2023/08/30/us/politics/jacksonville-desantis-black-community.html
Ax Handle Saturday
https://en.wikipedia.org/wiki/Ax_Handle_Saturday
Indiana History links
https://www.wboi.org/news/2020-09-17/sundown-towns-in-indiana-how-a-legacy-of-whites-only-towns-rose-and-continues-to-affect-today
https://www.wrtv.com/longform/the-ku-klux-klan-ran-indiana-once-could-it-happen-again
https://www.in.gov/history/for-educators/download-issues-of-the-indiana-historian/indiana-emigrants-to-liberia/being-black-in-indiana/#:~:text=The%20culmination%20of%20this%20prejudice,that%20money%20from%20fines%20be
https://www.in.gov/history/about-indiana-history-and-trivia/explore-indiana-history-by-topic/indiana-documents-leading-to-statehood/constitution-of-1851/article-13-negroes-and-mulattoes/
https://www.in.gov/history/for-educators/all-resources-for-educators/resources/underground-railroad/gwen-crenshaw/the-colonization-movement/
https://www.tribstar.com/community/state-didnt-allow-slavery-but-had-other-laws/article_3ebadde5-f5cc-5903-bd0e-985df0f87162.html
Rosedale, NY Racist attacks
https://www.nytimes.com/2020/06/21/nyregion/racist-video-rosedale-queens.html
Other Related Episodes
https://podcasts.apple.com/us/podcast/colorblind-remedies-for-color-conscious-wrongs/id1485019282?i=1000619289008
https://podcasts.apple.com/us/podcast/the-fire-this-time-black-history-surviving-in-the/id1485019282?i=1000599386336
https://podcasts.apple.com/us/podcast/it-wasnt-only-tulsa/id1485019282?i=1000523721230
https://podcasts.apple.com/us/podcast/stolen-history/id1485019282?i=1000462863417
Follow Ellis Conversations on Twitter
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Check out Unified Ground
Check out BlackHistoryChatGPT
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Black History: Never Equal; Never Protected - First Stop: Florida
In this episode, the hosts begin a series of episodes examining how specific states have addressed the racial equality, Black history, and White Supremacy. First stop: Florida.
LINKS IN THIS EPISODE
Smithsonian Magazine
https://www.smithsonianmag.com/history/one-hundred-years-ago-four-day-race-riot-engulfed-washington-dc-180972666/
Florida Academic Standards 2023
https://www.fldoe.org/core/fileparse.php/20653/urlt/6-4.pdf
Ron DeSantis and the State Where History Goes to Die https://www.nytimes.com/2023/07/28/opinion/desantis-slavery-florida-curriculum-history.html?smid=nytcore-android-share
Removing Relics of "The Lost Cause" | On the Media | WNYC Studios
https://www.wnycstudios.org/podcasts/otm/segments/removing-relics-lost-cause-on-the-media
Lost Cause
https://en.wikipedia.org/wiki/Lost_Cause_of_the_Confederacy
Other Related Episodes
https://podcasts.apple.com/us/podcast/colorblind-remedies-for-color-conscious-wrongs/id1485019282?i=1000619289008
https://podcasts.apple.com/us/podcast/the-fire-this-time-black-history-surviving-in-the/id1485019282?i=1000599386336
https://podcasts.apple.com/us/podcast/it-wasnt-only-tulsa/id1485019282?i=1000523721230
https://podcasts.apple.com/us/podcast/stolen-history/id1485019282?i=1000462863417
Follow Ellis Conversations on Twitter
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Colorblind Remedies for Color-Conscious Wrongs
Photo Credit : Encyclyopedia Britanica
In this program, the hosts discuss the Supreme Court’s decision to forbid race-conscious affirmative action approaches to achieve diversity n higher education. The discussion contrasts Justice Roberts’ pronouncement that decisions should be color-blind with Justice Jackson’s reminder that the country has been far from colorblind and the effects are not just historical but real in the present because of the intergenerational transmission of inequality. Moreover, the “self-evident” truth that all are created equal has not been applicable to Black Americans.
Ketanji Jackson Brown's dissenting opinion
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Not in Our Stars, but in Ourselves: How The Supreme Court Undermined Its Own Reputation
Image Credit: Collection of the Supreme Court of the United States
In this episode, the hosts discuss the Roberts Court’s failure to adhere to precedent and the effect this is having on the public’s confidence in the Supreme Court. Respect for precedents and the application of the principle of stare desisis provide constancy and comfort and avoids the appearance that the Court is swayed by political consideration. Simple assertions that a prior decision was wrongly decided are inadequate to justify undermining the expectations of parties before the Court and the public at large.
LINKS IN THIS EPISODE
Follow Ellis Conversations on Twitter
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https://www.nytimes.com/2023/04/28/us/alito-supreme-court-abortion-leak.html
https://www.washingtonpost.com/politics/2023/04/28/alito-leaker-dobbs-wsj/
OTHER EPISODES OF INTEREST
From Loving vs Virginia to Roe vs Wade: Who gets to decide which rights get protected for Americans
The Hands That Rock The Cradle: Donald Trump, the Supreme Court, and the Federalist Society.
Whose Constitution is it, Anyway?: Originalism vs. The Living Constitution
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The Fire This Time: Black History Surviving in the Time of Modern-Day Book Banning
Photo credit: Afro.com
EPISODE SUMMARY
In this episode, the hosts discuss Black History and the historical use of book burning, book banning, and other methods to suppress inconvenient truths. False narratives flourish when voices remain silent are have been removed from the discussion.
To download the transcript, CLICK HERE
A FEW KEY TAKEAWAYS FROM THIS EPISODE
Denying Black people education and banning books is part of historical pattern to control access to information to control the narrative
This practice of banning and burning books has been used throughout history by people in power wishing to keep power
ChatGPT disagress with the governor of Florida on the educational value of AP African American History
LINKS IN THIS EPISODE
Follow Ellis Conversations on Twitter
Follow Judge Ronald Ellis on Twitter
Follow Jamil Ellis on Twitter
Follow Jamil Ellis on LinkedIn
Check out Unified Ground
Check out BlackHistoryChatGPT
Current efforts to ban books
https://afro.com/10-banned-books-that-are-crucial-to-black-culture/
These 176 Books Were Banned in Duval County, Florida - PEN America
Ruby Bridges speaks out on book bans: 'Surely we are better than this' (yahoo.com)
Why Book Ban Efforts Are Spreading Across the U.S. - The New York Times (nytimes.com)
Politics and Textbooks
https://www.nytimes.com/interactive/2020/01/12/us/texas-vs-california-history-textbooks.html
https://www.encyclopedia.com/people/social-sciences-and-law/social-reformers/nat-turner
https://encyclopediavirginia.org/entries/turners-revolt-nat-1831/
Reconquista
https://www.history.com/this-day-in-history/spain-announces-it-will-expel-all-jews
https://bennorton.com/the-other-1492/
OTHER EPISODES OF INTEREST
Martin Luther King - Waiting on His Dream
From Loving vs Virginia to Roe vs Wade: Who gets to decide which rights get protected for Americans
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Martin Luther King: Waiting on His Dream
In this episode, the hosts discuss why Martin Luther King should not be limited by a selection of words from the “I Have a Dream” speech delivered in 1963, and how he pointed out the failings of America, confronted those in power, and challenged them to make that dream a reality.
LINKS
MLK NBC Interview 11 months before his assassination
https://www.youtube.com/watch?v=2xsbt3a7K-8
Letter From Birmingham Jail
https://www.africa.upenn.edu/Articles_Gen/Letter_Birmingham.html
Homestead Act of 1862
https://www.senate.gov/artandhistory/history/common/civil_war/Homestead_Act.htm#:~:text=To%20help%20develop%20the%20American,western%20land%20to%20individual%20settlers.
https://www.aaihs.org/race-reconstruction/#:~:text=Since%20the%20Homestead%20Act%20was,and%20immigrant%20%E2%80%93%20profited%20from%20it.
I Have A Dream Speech Video
https://www.youtube.com/watch?v=smEqnnklfYs
I Have A Dream Speech Transcript
https://www.npr.org/2010/01/18/122701268/i-have-a-dream-speech-in-its-entirety
Frontline Transcript February 10, 1998
https://www.pbs.org/wgbh/pages/frontline/shows/race/etc/script.html
Washington Post Story on passage of King Day
https://www.washingtonpost.com/wp-srv/opinions/articles/solemn_senate_votes_for_national_holiday.html
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They Don’t Dare Call It Treason: Our House is Under Attack. Where’s POTUS?
In this episode, the hosts discuss the actions and inactions of Donald Trump during the January, 6 2021 attack on the Capitol and why letting it go unpunished is not a positive option.
Links:
Some things from the Nixon Tapes
https://www.history.com/news/nixon-secret-tapes-quotes-scandal-watergate
January 6th Committee Report
https://www.govinfo.gov/committee/house-january6th?path=/browsecommittee/chamber/house/committee/january6th/collection/CRPT/congress/117
Full Committee Report
https://www.govinfo.gov/content/pkg/GPO-J6-REPORT/pdf/GPO-J6-REPORT.pdf
Trump’s Message to Crowd
https://www.c-span.org/video/?507774-1/president-trump-claims-election-stolen-tells-protesters-leave-capitol
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Whose Constitution Is It, Anyway?: Originalism vs. The Living Constitution
Photo by Anthony Garand on Unsplash
EPISODE SUMMARY
In this episode, the hosts discuss the Supreme Court’s upcoming decisions on the Constitutionality of Affirmative Action and the power of state legislatures to draw Congressional district lines without judicial review. Originalists say let’s figure out what the words used in the Constitution meant at the time. Proponents of a Living Constitution say let’s figure out what makes sense today.
A FEW KEY TAKEAWAYS FROM THIS EPISODE
What it means to be an originalist vs. a texualist
All about independent state legislature theory before the Supreme Court, its texualist roots, and its potential damage to our democracy
Affirmative action will likely end as we know it in 2023 at the hands of the real activist judges
To download the transcript, CLICK HERE
LINKS IN THIS EPISODE
CLICK HERE TO LEAVE FEEDBACK
INDEPENDENT STATE LEGISLATURE CASE
Bipartisan Policy Center
“Independent State Legislature Theory Undermines Elections Principles.”
https://bipartisanpolicy.org/report/independent-state-legislature-theory/
SCOTUSblog.com
“Court seems unwilling to embrace broad version of “independent state legislature” theory.”
https://www.scotusblog.com/2022/12/court-seems-unwilling-to-embrace-broad-version-of-independent-state-legislature-theory/
NPR
“Supreme Court to hear controversial election-law case.”
https://www.npr.org/2022/12/07/1140465909/supreme-court-independent-state-legislature-theory
AFFIRMATIVE ACTION CASES
NPR
“Can race play a role in college admissions? The Supreme Court hears the arguments.”
https://www.npr.org/2022/10/31/1131789230/supreme-court-affirmative-action-harvard-unc
SCOTUSblog.com
“In cases challenging affirmative action, court will confront wide-ranging arguments on history, diversity, and the role of race in America.”
Thomas Jefferson on whether the American Constitution is binding on those who were not born at the time it was signed and agreed to (1789)
https://oll.libertyfund.org/quote/thomas-jefferson-on-whether-the-american-constitution-is-binding-on-those-who-were-not-born-at-the-time-it-was-signed-and-agreed-to-1789
Follow Ellis Conversations on Twitter
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OTHER EPISODES OF INTEREST
Affirmative Action: How We Got To Now
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Inflation Reduction Act of 2022; A new hope for Black communities that have been divided, deprived, and denied opportunities to accumulate wealth
EPISODE SUMMARY
The Inflation Reduction Act of 2022: A new hope for Black communities that have been divided, deprived, and denied opportunities to accumulate wealth.
In this episode, the hosts discuss various policies and practices which have adversely affected Black communities and hindered the ability to build wealth. Also in the podcast are reasons why provisions in the Inflation Reduction Act of 2022 can help begin the process of repairing some of the damage by fostering a community-based approach to environmental issues. Finally, Jamil tells the audience about the new company he founded with his brother, Jelani, Unified Ground.
A FEW KEY TAKEAWAYS FROM THIS EPISODE
Historically, wealth has systematically been removed from black communities.
Often that wealth was removed in ways that left communities in less desirable land leading to climate change disproportionately affecting people of color.
It’s a great time to form partnerships that have the same goal of saving the planet and hopefully The Inflation Reduction Act of 2022 will be a big step for focusing on that goal.
Unified Ground’s goal is to enable these partnerships. Its mission is to build technology to connect existing organizations and businesses to Environmental, Social, and Governance (ESG) investments, with the goal to reduce the income and wealth gap and lift up communities of color.
MORE ABOUT UNIFIED GROUND
Vision
Our vision is to close the income and wealth gap in vulnerable communities because a sustainable planet is not possible without an equitable society.
Climate change disproportionately affects vulnerable, low-income as well as Black, Latino, and Indigenous communities. We believe that strengthening the resource networks of these communities is an integral part of creating a sustainable planet. If communities can hold onto more resources, they will better address current climate emergencies and make sustainable choices.
Mission
We are building the technology to connect existing networks of community organizations and businesses to Environmental, Social, and Governance (ESG) investments,with the goal to reduce the income and wealth gap and lift up communities of color.
Problem
Demand for ESG investments, already a rapidly growing requirement for business, will increase as the markets make it a requirement for publicly traded companies. Social Impact funds have a continual need to find verifiably impactful community-based investments. Some states and municipalities across the US have aggressive goals to reduce carbon emissions. We can only achieve these goals with successful investments in vulnerable communities and communities of color. Historically, these customers have had trouble engaging successfully with communities and local vendors.
Why The Time is Now
Climate Disasters are upon us - We are in the midst of another record season of fires, flood, drought, and hurricanes in the US.
Climate Impact will be a business requirement - The 2022 IRA represents landmark climate legislation in the US. The SEC will have public companies report on their environmental impact starting with 2023. In addition to 2022 IRA, many states and cities are moving forward with aggressive climate policies
Business Stakeholders are putting the pressure on - Corporate boards and internal stakeholders are demanding goals and verifiable impact results. Employees want to know their companies are not just committed to their climate and community impact goals, but making them a reality.
Solution
Unified Ground provides the services and technology platform to connect Environmental, Social, and Government investors with a network of community-based vendors and climate justice organizations. The 2022 Inflation Reduction Act (IRA) will be a catalyst for Climate Technology and Environmental Justice.
For more on Unified Ground check out our website
To download the transcript, CLICK HERE
LINKS IN THIS EPISODE
CLICK HERE TO LEAVE FEEDBACK
Follow Ellis Conversations on Twitter
Follow Judge Ronald Ellis on Twitter
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Follow Jamil Ellis on LinkedIn
Check out Unified Ground
OTHER EPISODES OF INTEREST
Separate but Unequal
The Hands That Rock The Cradle: Donald Trump, the Supreme Court, and the Federalist Society
Justice Dismayed
Stolen History
Loving vs Virginia
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From Loving vs Virginia to Roe vs Wade: Who gets to decide which rights get protected for Americans
Photo Credit: NYTimes.com
EPISODE SUMMARY
In this episode, the hosts discuss how the Loving v. Virginia decision barred States from prohibiting marriages because of the race of the participants, and the historical problem of “letting the States decide” the reach of the Equal Protection Clause of the Fourteenth Amendment. Highlighting the sectional differences and views on issues such as race and gender, they point out that the results are predictable and that it is reasonable to infer intent to thwart consensus. Beginning with the Founding Fathers, and the racial compromises in the Constitution, the podcast outlines the continuing role of race in compromises leading up to the Civil War and beyond. There are those who have suggested that the issues in Roe v. Wade should have been left to the States and sending it back to the States would be a good idea. Given the hyper-partisanship in politics today, the hosts question the reasonableness of this belief. Compromise is only effective when both sides literally have a compromise position.
A FEW KEY TAKEAWAYS FROM THIS EPISODE
The conflict between the concept of originalism and equal protection. (7:49)
We need to consider the real world as it exists now, when we compare the concept of originalism with the concept of a living constitution. (30:01)
If you aspire to greatness, you have to look forward and not be mired in the past. Loving vs Viriginia teaches us that we can have a brighter future if we allow everyone to be treated equally, and not be dragged down by this notion that there are lesser groups in the body politic. (37:20)
To download the transcript, CLICK HERE
LINKS IN THIS EPISODE
CLICK HERE TO LEAVE FEEDBACK
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Loving Decision in Supreme Court
Loving Decision in Virginia High Court
Jefferson on Amending the Constitution and reverence to the Founders
“Bleeding Kansas” at History.com
19th Amendment and State Resistance at History.com
OTHER EPISODES OF INTEREST
John Lewis Voting Rights Act
Voting Rights - Shelby to North Carolina to 2020
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Brown vs. Board of Ed Anniversary
Photo credit: AP Images for Britannica.com
EPISODE SUMMARY
In this episode, we're going to focus on one of the most talked about cases in Supreme Court history. On May 17 1954, in a unanimous decision, the Supreme Court held in Brown versus Board of Education, that in the field of public education, the doctrine of separate but equal had no place, and that separate educational facilities were inherently unequal.
A FEW KEY TAKEAWAYS FROM THIS EPISODE
In terms of what it meant to the health of the nation, Brown versus Board of Education was the most significant case in the history of the Supreme Court.
Part of what's in the DNA of this country is aspirational. And what Brown did was having a goal of providing equality. It's certainly true that we have fallen short in some of the things that we profess as a nation.
The difference between where we want to be and where we are, is the engine that drives change.
Judge Ellis read excerpts from the Appendix to the Congressional Globe, described here from https://memory.loc.gov/ammem/amlaw/lwcg.html
“The Globe, as it is usually called, contains the congressional debates of the 23rd through 42nd Congresses (1833-73). There are forty-six volumes in the series based on the table found in the Third Edition of Checklist of United States Public Documents 1789-1909, Volume 1B (pp. 1466-69).
The Globe is the third of the four series of publications containing the debates of Congress. It was preceded by the Annals of Congress and the Register of Debates and succeeded by the Congressional Record. The first five volumes of the Globe (23rd Congress, 1st Session through 25th Congress, 1st Session, 1833-37) overlap with the Register of Debates. Initially the Globe contained a "condensed report" or abstract rather than a verbatim report of the debates and proceedings. With the 32nd Congress (1851), however, the Globe began to provide something approaching verbatim transcription.
The contents of the appendix of each volume vary from Congress to Congress, but appendixes typically contain presidential messages, reports of the heads of departments and cabinet officers, texts of laws, and appropriations. Speeches not indexed or referenced on the pages reprinting the debates appear in the appendix as well.”
More specifically, I read from the 33rd Congress, Second Session.[1855]
The first page of the Appendix is https://digital.library.unt.edu/ark:/67531/metadc30790/m1/1/?q=thirty-third
From the entry page you can jump to specific pages, and I read from page 234, Tennessee Senator
https://digital.library.unt.edu/ark:/67531/metadc30790/m1/248/?q=thirty-third
And page 236, Indiana Senator
https://digital.library.unt.edu/ark:/67531/metadc30790/m1/250/?q=thirty-third
To download the transcript, CLICK HERE
LINKS IN THIS EPISODE
CLICK HERE TO LEAVE FEEDBACK
Follow Ellis Conversations on Twitter
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Information from Legal Defense Fund
Information from History.com
Information from Britannica Encyclopedia
Information from PBS.org
Information from US Courts
Information from The New Yorker, May 3, 2004 Did Brown Matter?
Appendix to the Congressional Globe, described here from https://memory.loc.gov/ammem/amlaw/lwcg.html
The first page of the Appendix is https://digital.library.unt.edu/ark:/67531/metadc30790/m1/1/?q=thirty-third
Tennessee Senator https://digital.library.unt.edu/ark:/67531/metadc30790/m1/248/?q=thirty-third
Indiana Senator https://digital.library.unt.edu/ark:/67531/metadc30790/m1/250/?q=thirty-third
OTHER EPISODES OF INTEREST
Judge Ketanji Brown Jackson
Gifted and Talented Programs, So Many Children Left Behind
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Qualified: Judge Ketanji Brown Jackson, JCrew, and Jim Crow: Mind Your Place
In this episode, the hosts discuss the unusual things said in opposition to Judge Jackson’s appointment to the Supreme Court and how it fits a historical pattern of marginalizing Black women and downplaying their accomplishments to foster notions of inferiority.
Check out this episode!
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