#TalkRadio – June 11: Transformative Justice Coalition Topical Roundtable: The Supreme Misdeeds of the Fearless Fund Injustice, Alito Recording, and More!

SPEAKERS:

Atty. Terry O’Neill: 12:00 PM – 12:57 PM ET
Current Board Secretary of the Transformative Justice Coalition; former President of the National Organization for Women (NOW); Former Host of the podcast What Equality Looks Like; LinkedIn: https://www.linkedin.com/in/terry-o-neill-3076303/ 

Dianne Wilkerson: 12:00 PM – 12:57 PM ET
First African American Female to serve in the Massachusetts Senate and TJC Board Treasurer

INTRODUCTION:

The Igniting Change Radio Show on Tuesday, June 11th, 2024, from 12:00 PM – 1:00 PM Eastern Time, entitled, “Transformative Justice Coalition Topical Roundtable: The Supreme Misdeeds of the Fearless Fund Injustice, Alito Recording, and More!”, will be live with Radio Show Co-Hosts and Transformative Justice Coalition (TJC) Co-Leaders Attorneys Barbara Arnwine, Esq. and Daryl Jones, Esq. and will feature special guests Atty. Terry O’Neill and Dianne Wilkerson. 

Over the last several weeks, Igniting Change has been reviewing the actions of the Supreme Court and especially the misdeeds of Justices Alito and Thomas. Yet again, Alito is in the news. This time for expressing hard partisan attitudes in favor of “uncompromising principles” and “Godliness”. This show will once again discuss what can be done with this Court. Members of the U.S. House has called for more annual mandatory ethics training for the Court while others have called for term limits and expansion of the Court. Ironically, although the House has been quite vocal in this matter, the U.S. Senate which actually confirms judges for the federal bench has been less active. Read more here:

• https://www.rollingstone.com/politics/politics-features/samuel-alito-supreme-court-justice-recording-tape-battle-1235036470/
• https://www.nytimes.com/2024/06/10/us/politics/alito-pride-flag.html 

These very conservative courts continue to attack affirmative action and DEI, most recently in the Fearless Fund case, in which the 11th Circuit temporarily blocked them from awarding grants to Black women as the case is being litigated. This is a preliminary injunction and not a permanent ruling as the case is still being litigated. “This is the first court decision in the 150+ year history of the post-Civil War civil rights law that has halted private charitable support for any racial or ethnic group,” Jason Schwartz, a lawyer with Gibson, Dunn & Crutcher, which is representing Fearless Fund, said in a statement emailed to The Washington Post. (Source: https://www.washingtonpost.com/business/2024/06/03/fearless-fund-grants-blocked/).

“American Alliance for Equal Rights (AAER) filed this lawsuit against Fearless Fund Management LLC, Fearless Fund II GP LLC, Fearless Fund II LP, and Fearless Foundation Inc. on August 2, 2023 in the United States District Court for the Northern District of Georgia. AAER describes itself as a “not-for-profit 501(c)(3) membership organization dedicated to challenging distinctions and preferences made on the basis of race and ethnicity.” AAER is led by Edward Blum, who is also the leader of Students for Fair Admissions (SFFA), the organization that challenged Harvard and UNC’s race-based affirmative action practices in a pair of cases the Supreme Court decided in SFFA’s favor on June 29, 2023.

Fearless Fund Management (Fearless) is a Black women-owned investment firm that invests in businesses led by women of color. Fearless Foundation (the Foundation) is a 501(c)(3) foundation affiliated with Fearless Fund. The Foundation’s charitable mission is to eliminate the significant gap in venture capital funding that persists for women entrepreneurs of color. Among other programs, the Foundation operates the Fearless Strivers Grant Contest (the Grant Program), through which it awards $20,000 grants, tools, and mentorship to certain Black women business owners.

…

AAER alleged in its complaint that several of its members, identified only as Owners A, B, and C, are individuals who operate their own businesses, and wished to participate in the Foundation’s grant contest, but were ineligible because they are not Black women.”

Read the Source and more about the Court’s finding, prior case law used in this case,, the majority opinions, and the dissenting opinions: https://www.jdsupra.com/legalnews/eleventh-circuit-grant-program-for-4772460/ 

As if the actions of the 11th Circuit in the Fearless Fund case was not retrogressive enough in our fight for racial justice, Congressman Byron Donalds started a fire storm by saying “’You see, during Jim Crow, the Black family was together,’” Donalds said in a recording published by the Philadelphia Inquirer. ‘During Jim Crow, more Black people were not just conservative — Black people have always been conservative-minded — but more Black people voted conservatively.’” This show will discuss why he said these comments and the reactions to it.

QUESTIONS:

• Happy PRIDE Month!
• Terry, can you believe that not only is Justice Samuel Alito back in the news for taped expressions of partisanship, but his wife, Martha-Ann Alito is also in the news for her own taped partisan homophobic comments?
• Dianne, yesterday, members of the House took to the steps of the Supreme Court to call for legislation requiring mandatory annual ethics training for Supreme Court Justices. Even if passed, is that enough given the misdeeds of this Court?
• Why is the House more active on this subject than the Senate which actually confirms judges to the federal courts, including the Supreme Court?
• How urgent is this need for Court reform?
• What are some of the proposals that present the best options for ensuring a truly independent judiciary? 
• Let’s discuss the Fearless Fund ruling. 
• What did hold? 
• Why is this bad law? 
• Is this more fruit of the poisonous tree of courts misapplying the disastrous decision of Students for Fair Admissions vs Harvard (2023)?
• As if the actions of the 11th Circuit in the Fearless Fund case was not retrogressive enough in our fight for racial justice, Congressman Byron Donalds started a fire storm by saying “’You see, during Jim Crow, the Black family was together,’” Donalds said in a recording published by the Philadelphia Inquirer. ‘During Jim Crow, more Black people were not just conservative — Black people have always been conservative-minded — but more Black people voted conservatively.’” 
• What were your reactions when you first heard these comments?
• Why do you think he initially expressed this opinion? What do you think about his backtracking and angry denials that he was actually saying that “Black families were better off during Jim Crow” and that “Black people voted conservatively” when most Black people in the South during Jim Crow could not vote.
• Let’s discuss Actor Wendell Pierce’s personal story he tweeted regarding housing discrimination. ( https://x.com/NikitraBailey/status/1800287882545942954?t=0CltlBiXnfWRFws68cOfJQ&s=19 )
• On June 24th, TJC is doing a National TeleTown Hall entitled “Democracy at The Cliff: Runaway State Legistlatures, Supreme Court Injsutice and Reform, and the Pearls of Project 2025”  that will go deeper into these issues. The panel will be livestreamed on Facebook and YouTube at 7:00 PM on June 24th at Facebook.com/TJC.DC and on YouTube at youtube.com/@thetransformativejusticeco6890.  
• As the epidemic of voter suppression continues to expand in our nation, the urgency of passage of curative and proactive federal legislation has become more evident. On July 17th, TJC, Declaration for American Democracy (DFAD Coalition), Black Voters Matter, Public Citizen, The Leadership Conference, and the League of Women Voters are inviting individuals, activists, advocates, clergy, union members, teachers, students, community organizations, religious institutions, associations, fraternities, sororities- EVERYONE- to host local activities marking the fourth anniversary of the passing of our Voting Rights Champion, the late Congressman John Lewis. As the late Congressman John Lewis wrote the first 300 pages of the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act is named in his honor, it is most fitting that we commemorate his legacy by reaffirming our commitment to passing these most important bills. It is anticipated that there will be hundreds of events held throughout the nation in cities, townships, and parishes, including marches, votercades, celebration villages, teach-ins, and much more culminating that evening in candlelight vigils. 
• This show will discuss how people throughout the nation can become part of this critical day of action and vigils, which can be done through this web address: https://www.mobilize.us/john-lewis-actions/c/john-lewis-/event/create/ 
• Quick URL to share: TinyURL.com/2024JohnLewis 
• How do people become a host for a John Lewis Day of Action event? (Short link: tinyurl.com/2024JohnLewis) 
• Tell us about some of the events that are already registered.
• On June 13th, there is going to be a meeting for everyone interested in being part of this July 17th Movement. Please tell people how to register.
• How can our listeners get involved with the John Lewis Day of Action? (https://tinyurl.com/2024JohnLewis)
• What work is being done to build knowledge and support for the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act?
• What are your one-minute final thoughts to our listeners?
• Thank you for all of your hard work. How do our listeners get in contact with you?