Analysis Law and Policy

The Decision in Fisher v. Texas: What’s at Stake for Women of Color

Imani Gandy

Today, the Supreme Court heard arguments in Fisher v. Texas, the first case on affirmative action to be heard by the court in almost a decade. If the Supreme Court strikes down the UT Plan, both students of color and white students will lose out.

This morning, the Supreme Court heard arguments in Fisher v. Texas, the first case on affirmative action to be heard by the court in almost a decade. At issue is University of Texas’s (UT) admissions policy which uses race as one of several factors (including academic achievement, gender, community service, geography, socioeconomic status, legacy, upbringing, athletic ability, academic and extra-curricular interests, among others) in determining admissions.

The Supreme Court has long-held that achieving racial diversity is a permissible basis for schools to consider race as a factor in admissions. The principle was set forth by Justice Lewis Powell in the 1978 case, Regents of the University of California v. Bakke , and was reaffirmed by Justice O’Connor in the 2003 case Grutter v. Bollinger, a case that examined the admissions policy at University of Michigan Law School.

The specific approach undertaken by UT in deciding admissions was developed in the wake of Hopwood v. Texas, a case which rendered unconstitutional the use of race as a determining factor in school admissions in the UT system, and which saw an alarming decline in minority students at UT schools as a result.

After the Fifth Circuit’s 1996 ruling in Hopwood v. Texas, Texas passed the so-called “Top Ten Percent Law” which, essentially, guarantees admission to every Texas resident who graduates in the top ten percent of his or her high school class. Due to the demographic composition of Texas, the implementation of the Top Ten Percent Law has resulted in robust diversity at Texas schools, generally (but not, as will be discussed below, in particular academic fields.)

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

After the Supreme Court’s 2003 ruling in Grutter v. Bollinger affirmed that the University of Michigan Law School could consider race as a factor in order to promote racial diversity, University of Texas seized upon this opportunity to further promote racial equality in the UT system, and began (again) to use race as one of the determining factors in its admissions policy.

UT’s admissions policy is as follows:

Applicants are separated into three groups: (1) Texas residents, (2) domestic non-Texas residents, and (3) international students. Texas residents are then divided into two subgroups: Texas residents who graduated in the top ten percent of their class, and those who did not. With one limited exception, all Texas residents graduated in the top ten percent of their class are admitted to the school. (Except that for certain schools (Business, Engineering, Kinesiology, Communication, and Nursing) only 75 percent of the slots may be filled with Texas residents so that these schools can admit some non-top-ten percent applicants.)

Those who did not graduate in the top ten percent of their class are evaluated based upon a personal achievement index and an academic achievement index. The personal achievement index is comprised of three scores: one score for each of the written essays, and one score for personal achievement. The personal achievement score, in turn, is based upon an evaluation of the applicant’s entire file. Race and gender are two of the many factors that are evaluated in determining an applicant’s personal achievement score.

The UT plan closely tracks the University of Michigan plan. Indeed, the UT plan arguably is better than Michigan’s. University of Michigan keeps track of the numbers of students being admitted from various races as it is admitting them. University of Texas does not and supporters of its policy consider it a more holistic approach less prone to become an impermissible racial quota system.

Since adopting its current admissions policy, University of Texas has seen a vast improvement in minority admissions, including women of color. As the court in Fisher noted, the result has been a balanced and diverse student body at a school that one magazine dedicated to diversity in higher education ranked “sixth in the nation in producing undergraduate degrees for minority groups.”

Any abrogation of UT’s plan will result in another dramatic decline in minority enrollment and applicants, similar to what happened in the wake of Hopwood. It will also result in the persistence of racial and gender stereotypes that hinder the progress of women of color both in higher education and in the workforce.

As the National Women’s Law Center noted in its amicus (“friend of the court”) brief, the history of racial discrimination and sex discrimination are closely intertwined, and efforts to ameliorate either race or sex discrimination tend to benefit women of color last.

Historically, racial and gender discrimination has led to the creation of schools segregated both by race and gender. Men were trained to be lawyers and doctors, while white women were trained in areas that focused on domestic affairs like child-rearing and care-giving—areas that allowed them to remain “ladies.” White women were sent to school to learn to become teachers, secretaries, and nurses. Women of color (or “negros,” as they were called then), not held in high enough regard to be considered ladies, were trained to be hard workers in manual labor professions more suitable for their station: farming and domestic work.

Evidence suggests that such stereotypes persist today, in the way in which women of color are perceived in the classroom and workforce as unsuitable for certain types of work, especially that which involves acting in leadership roles, or jobs that involve math, science and engineering.

According to the National Women’s Law Center:

While white women thus attend college in large numbers, they are disproportionately concentrated infields that correspond to the social roles once formally assigned to them. For example, women receive77% of the bachelor’s degrees in psychology, 79.5% in education, 82% in public administration and social-services fields, and 85% in health professions and related programs. Ibid. By contrast, they receive only18.2% of the bachelor’s degrees in engineering, 18.1%in computer science, and 10.1% in other engineering-related fields. Ibid.

The effect is more pronounced for minority women, in part because they make up such a small proportion of college students overall. Black women earned only 6.5% of bachelor’s degrees in 2010, and Hispanic women only 5.1%. Black women accounted for just 3.7% of computer-science majors and 0.4% of engineering majors. Ibid. And Hispanic women were only 1.5% of the computer-science majors and 1.4% of the engineering majors.”

The statistics for master’s and doctoral degrees are equally alarming:

In 2010, black women earned just 3% of the master’s degrees in computer science; Hispanic women, 0.8%. And each group received only 0.9% of the master’s degrees in engineering.

The effect is even more extreme for doctoral degrees: In 2010, just 55 black women and 70 Hispanic women earned doctoral degrees in engineering, and 17 black women and 8 Hispanic women earned doctoral degrees in computer science, nationwide.

The story in professional schools is similar: Black women received only 4.6% of the medical degrees; Hispanic women, 2.5%. Black women received 4.4%of the law degrees; Hispanic women, 3.6%. Black women receive 3.2% of the dentistry degrees; Hispanic women 3.1%.

These statistics about the makeup of education programs are reflected in the racial and gender makeup of the workforce itself:

Men still make up a majority of doctors, architects, engineers, and politicians—professions that were long formally closed to women of color, who were unable to get the education or training needed to pursue a career in those fields. Even today, less than 5.3% of the physicians and surgeons in this country are black women; less than 6.6% are Hispanic women. Among lawyers, less than 5.3% are black women; less than3.2% are Hispanic women. And among architects, less than 1.6% are black women and less than 3.2%are Hispanic women.

Texas’s admissions policy uniquely addresses these concerns in a manner already deemed constitutional by the Supreme Court in Grutter. Indeed, UT’s plan is expressly meant to comport with Grutter.  Still, Ms. Fisher, the plaintiff in this case, cried foul.

Fisher, a young white woman who was denied admission to University of Texas-Austin and who went on to graduate from the University of Louisiana, does not seek to overrule Grutter entirely, but simply to strike down UT’s plan. (Only if the UT plan is deemed constitutional under Grutter, does Fisher ask the Supreme Court to examine whether Grutter has any remaining constitutionality.)

Fisher argues that because the Top Ten Percent Law provides a critical mass of minorities, that consideration of race is unnecessary and an unconstitutional attempt to achieve racial balancing.

Her claim boils down to, “Enough is enough.” And, indeed, she may be correct as far as achieving racial balance in the school, department, major, AND classroom. (As Lyle Denniston of SCOTUSblog points out.)

But the court in Fisher notes that Grutter permits that. Grutter is a case about the importance of racial diversity and Texas’s plan is about racial diversity and is based on the principles set forth in Grutter.

Moreover, as the court in Fisher points out, while the Top Ten Percent Law increase the number of minorities at UT, generally, it does not advance the underlying goals of the UT’s Grutter plan, which is to prepare its students to become leaders in the community:

UT’s stated goal is to “produce graduates who are capable of fulfilling the future leadership needs of Texas.”This objective calls for a more tailored diversity emphasis. In a state as racially diverse as Texas, ensuring that graduates learn to collaborate with members of racial groups they will encounter in the workforce is especially important. The 2004 Proposal concluded that a race-conscious admissions program was necessary at UT specifically because “from a racial, ethnic, and cultural standpoint, students at the University [were] being educated in a less-than-realistic environment that [was] not conducive to training the leaders of tomorrow.”

The Top Ten Percent Law alone does not achieve this goal because under that rule, the top ten percent are guaranteed admission to the University of Texas schools generally, but not necessarily to the program, major, or department the student desires because every offer of admission made by UT is tied to a particular department. Disallowing Texas to consider race in determining the makeup of the departments and particular schools leads to the sorts of racial clusters in certain departments and schools that detrimentally effect students of color, including women of color:

The reality is that the Top Ten Percent Law alone does not perform well in pursuit of the diversity Grutter endorsed and is in many ways at war with it. While the Law may have contributed to an increase in overall minority enrollment, those minority students remain clustered in certain programs, limiting the beneficial effects of educational diversity. For example, nearly a quarter of the undergraduate students in UT’s College of Social Work are Hispanic, and more than 10% are African-American.

In the College of Education, 22.4% of students are Hispanic and 10.1% are African-American. By contrast, in the College of Business Administration, only 14.5% of the students are Hispanic and 3.4% are African-American. It is evident that if UT is to have diverse interactions, it needs more minority students who are interested in and meet the requirements for a greater variety of colleges, not more students disproportionately enrolled in certain programs. The holistic review endorsed by Grutter gives UT that discretion, but the Top Ten Percent Law, which accounts for nearly 90% of all Texas resident admissions, does not.

UT’s uniquely holistic approach benefits not just students of color, but white students as well. If the court strikes down the plan, UT will no longer be able to consider the race of a white male high school student seeking entrance to, for example, the Nursing School in addition to no longer being able to consider the race of a black female high school student seeking admission to the school of Engineering.

If the Supreme Court strikes down the UT Plan, UT may continue to be a racially-diverse school, generally, but the benefits of racial diversity will not have its intended effect on minorities, including women of color, aspiring to join certain fields like law, architecture, medicine, engineering, and politics. And certainly, the goal of preparing all UT students, irrespective of color, to participate more fully in a culturally-rich and diverse world will be undermined.

Additionally, should the Supreme Court strike down the UT plan, the stereotypes regarding the capability of women, and especially women of color, to succeed in specific areas of study, and the resulting problems of homogeneity in the workforce in Texas, particularly in fields like law, business, politics, and science, will persist.

News Law and Policy

Voting Rights Advocates Notch Another Win, This Time in Texas

Imani Gandy

This makes two voting rights victories in as many days for voting rights advocates. A federal judge on Tuesday in Wisconsin ruled that voters who unable to comply with the state's photo ID requirement would be allowed to vote in the November's election.

The ultra-conservative Fifth Circuit Court of Appeals, in a surprising victory for voting rights advocates, ruled that Texas’s voter ID law disproportionately burdened Black and Hispanic voters in violation of the federal Voting Rights Act (VRA) of 1965.

The decision means Texas can’t enforce the law in November’s presidential election.

Wednesday’s ruling was the latest in a convoluted legal challenge to the Texas law, which conservative lawmakers passed in 2011 and is among the most stringent voter ID laws in the nation. Voting rights advocates challenged the measure almost immediately, and the law remained blocked until the Roberts Court’s 2013 ruling in Shelby County v. Holder revived it.

The Court in Shelby struck down a key provision of the VRA, Section 4, which is the coverage formula used to determine which states must get pre-clearance from the Department of Justice or the District Court for the District of Columbia under Section 5 of the VRA before making any changes to their election laws. States with a history of racially discriminatory voting requirements like Texas were covered by the Section 4 pre-clearance requirement before the Shelby decision.

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

Within hours of the Court’s ruling in Shelby, Texas officials announced that they would begin enforcing SB 14, the restrictive voter ID law.

In response, a group of Texas voters sued Texas under a different portion of the civil rights law, arguing SB 14 violates Section 2 of the VRA, which forbids voting procedures that discriminate on the basis of race. Unlike Section 5 of the VRA, which requires state officials prove a voting rights law has no discriminatory intent or effect, under Section 2, the burden of proving racial discriminatory intent or effect is placed on voters to prove the restriction discriminated against their voting rights.

Both the district court and a three-judge panel of the Fifth Circuit agreed and found that SB 14 had a discriminatory affect in violation of Section 2 of the VRA. Texas then requested that the Fifth Circuit rehear the case en banc, with the full slate of judges on the Fifth Circuit.

The full Fifth Circuit issued that decision Wednesday, handing Texas conservatives a decisive loss.

“The record shows that drafters and proponents of SB 14 were aware of the likely disproportionate effect of the law on minorities, and that they nonetheless passed the bill without adopting a number of proposed ameliorative measures that might have lessened this impact,” Judge Catharina Haynes wrote for the majority.

Texas claimed that it had modeled its law after Indiana’s law, which was upheld in another challenge, Crawford v. Marion County Election Board. The Fifth Circuit, however, rejected Texas’s argument, finding obvious differences between the two laws that affected its decision that Texas’s law had a discriminatory impact on people of color.

“While cloaking themselves in the mantle of following Indiana’s voter ID law, which had been upheld against a (different) challenge in Crawford, the proponents of SB 14 took out all the ameliorative provisions of the Indiana law,” Haynes wrote.

One such ameliorative provision was an indigency exception, which the GOP-dominated Texas house stripped from the law. That exception would have freed indigent people from any obligation of paying fees associated with obtaining a qualified photo ID.

Although the Fifth Circuit found that the law violates the Voting Rights Act, the Fifth Circuit did not fashion a remedy for this violation and instead, remanded the case back to the lower court, instructing it that the “remedy must be tailored to rectify only the discriminatory effect on those voters who do not have SB 14 ID or are unable to reasonably obtain such identification.”

In addition, the appeals court reversed the lower court ruling that Texas had intended to discriminate against racial minorities. The court found evidence to support such a claim, but ultimately found that the district court’s overall findings were insufficient, and sent the case back to the district court to reconsider the evidence.

Nevertheless, voting rights advocates hailed the decision as a victory.

“We have repeatedly proven—using hard facts—that the Texas voter ID law discriminates against minority voters,” Gerry Hebert, executive director of the Campaign Legal Center and an attorney for the plaintiffs, said in a statement, according to the Texas Tribune. “The 5th Circuit’s full panel of judges now agrees, joining every other federal court that has reviewed this law. We are extremely pleased with this outcome.”

Texas Republicans, including former governor and presidential candidate Rick Perry, rushed the law through the GOP-majority legislature in 2011, arguing that it was necessary to prevent voter fraud, even though voter fraud has been found to be almost nonexistent in other Republican-led investigations.

Politifact found in March of this year that since 2002, there had been 85 election fraud prosecutions, and not all of them resulted in convictions. To put that in perspective, from 2000 to 2014, some 72 million ballots were cast in Texas, not counting municipal and local elections.

Justin Levitt, a professor at Loyola Law School in Los Angeles, argued in 2015 that most of the Texas prosecutions would not have been prevented by the voter ID law, since the prosecutions were not for in-person voter fraud, but rather for marking someone else’s absentee ballots without their consent, fake registrations, or voting while ineligible.

“There are vanishingly few instances of voter fraud—incidents flat-out, not just prosecutions—that could be stopped by applying a rule requiring ID at the polls,” Levitt said, according to Politifact.

Opponents of SB 14 cited the near absence of proven in-person voter fraud, arguing that the law was intended to dilute the voting strength of the state’s increasing population of people of color, many of whom do not have photo identification and who would find it difficult to obtain it, as the opinion noted.

Laws requiring photo identification disparately impact people of color, students, and low-income voters, all groups who tend to vote for Democrats rather than Republicans.

Nevertheless, Texas conservatives continue to insist that the law was appropriately tailored to address voter fraud. “Voter fraud is real, and it undermines the integrity of the process,” said Gov. Greg Abbott (R) in a statement on Wednesday, according to the Texas Tribune.

Texas may appeal to the Supreme Court and ask the high court to intervene, although given that the Roberts Court remains short one judge, a 4-4 split is possible, which would leave in place the Fifth Circuit’s ruling.

This makes two voting rights victories in as many days for voting rights advocates. A federal judge on Tuesday in Wisconsin ruled that voters who unable to comply with the state’s photo ID requirement would nevertheless be allowed to vote in the upcoming election in November.

Commentary Race

Black Lives Matter Belongs in Canada, Despite What Responses to Its Pride Action Suggest

Katherine Cross

Privileging the voices of white LGBTQ Canadians who claim racism is not a part of Canada's history or present ignores the struggles of Canadians of color, including those who are LGBTQ.

As I walked the streets of Toronto last month, it occurred to me that Pride Week had become something of a national holiday there, where rainbow flags and the Maple Leaf banners flying in honor of Canada Day on July 1 were equally ubiquitous. For the first time in my many years visiting the city—the place where I myself came out—the juxtaposition of Pride and the anniversary of Confederation felt appropriate and natural.

For some, however, this crescendo of inclusive celebration was threatened by the Black Lives Matter Toronto (BLMTO) protest at the city’s Pride March, often nicknamed PrideTO. The group’s 30-minute, parade-stopping sit-in has since come in for predictable condemnation. The Globe and Mail’s Margaret Wente dubbed BLMTO “bullies,” sniffed that its tactics and concerns belonged to the United States, and asked why it didn’t care about Black-on-Black crime in Canada. The Toronto Sun’s Sue-Ann Levy, meanwhile, called BLMTO “Nobody Else Matters,” also saying it “bullied” Pride’s organizers and suggesting we all focus on the real object of exclusion within the LGBTQ community: gay members of the recently ousted Conservative Party.

There is a lot to learn from this Torontonian incident, particularly around managing polite liberal racism—an especially important civics lesson in light of the past month’s tragedies in the United States. Privileging the voices of white LGBTQ Canadians who claim racism is not a part of Canada’s history or present means ignoring the struggles of hundreds of thousands, many of whom are LGTBQ themselves.

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

Pride has always been a thoroughly political affair. It is, thus, hardly an “inappropriate time and place” for such a protest. It began as, and remains, a public forum for the unapologetic airing of our political concerns as a community in all its diversity. We may have reached a new phase of acceptance—the presence of Prime Minister Trudeau at Pride was a beautiful milestone in both Canadian and LGBTQ history—but Pride as a civic holiday must not obscure the challenges that remain. It is not a coincidence that the majority of transgender people murdered worldwide by the hundreds every year are Black and Latina, and that many of them are sex workers. That is part of the reality that BLMTO was responding to—the fact that racism amplifies homophobia and transphobia. In so doing, it was not just speaking for Black people, as many falsely contended, but advocating for queer and trans people of many ethnicities.

Even so, one parade-goer told the Globe and Mail: “It’s not about them. It’s gay pride, not black pride.” The very fact that Black LGBTQ people are asked to “choose” validates BLMTO’s complaint about Pride’s anti-Blackness, suggesting a culture where Black people will be thinly tolerated so long as they do not actually talk about or organize around being Black.

Indeed, BLMTO’s much-criticized list of demands seems not to have been read, much less understood. While drawing attention to the Black Lives Matter collective, it also advocated for South Asian LGBTQ people and those in First Nations communities, whose sense of not-entirely-belonging at an increasingly apolitical PrideTO it shares.

In each paint-by-numbers editorial, there was lip service paid to the “concerns” BLMTO has about Canadian police forces and racial discrimination, but the inconvenience of a briefly immobilized parade generated more coverage. Throughout, there has been a sense that Black Lives Matter didn’t belong in Canada, that the nation is somehow immune to racist law enforcement and, in fact, racism in general.

Yet to listen to the accounts of Black Canadians, the reality is rather different.

Janaya Khan, one of the co-founders of BLMTO, recently spoke to Canadian national magazine MacLean’s about the activist’s views on structural racism in the country. As a native of Toronto, they were able to speak quite forthrightly about growing up with racism in the city—up to and including being “carded” (a Canadian version of stop-and-frisk, wherein officers have the right to demand ID from random citizens) at Pride itself. And last year in Toronto Life, journalist and writer Desmond Cole talked about his experiences being raised throughout Ontario. He told a story of a traffic stop, none too different from the sort that killed Philando Castile earlier this month, after a passenger in his father’s car, Sana, had tossed a tissue out the window onto the highway. The officer made the young man walk back onto the highway and pick it up.

Cole wrote, “After Sana returned, the officer let us go. We drove off, overcome with silence until my father finally exploded. ‘You realize everyone in this car is Black, right?’ he thundered at Sana. ‘Yes, Uncle,’ Sana whispered, his head down and shoulders slumped. That afternoon, my imposing father and cocky cousin had trembled in fear over a discarded Kleenex.”

This story, of narrowly escaping the wrath of a white officer on the side of a motorway, could have come from any state in the Union. While Canada has many things to be proud of, it cannot claim that scouring racism from within its borders is among them. Those of us who have lived and worked within the country have an obligation to believe people like Cole and Khan when they describe what life has been like for them—and to do something about it rather than wring our hands in denial.

We should hardly be surprised that the United States and Canada, with parallel histories of violent colonial usurpation of Native land, should be plagued by many of the same racist diseases. There are many that Canada has shared with its southern neighbor—Canada had a number of anti-Chinese exclusion laws in the 19th and early 20th centuries, and it too had Japanese internment camps during the Second World War—but other racisms are distinctly homegrown.

The Quebecois sovereignty movement, for instance, veered into anti-Semitic fascism in the 1930s and ’40s. In later years, despite tacking to the left, it retained something of a xenophobic character because of its implicit vision of an independent Quebec dominated by white francophones who could trace their ancestry back to France. In a blind fury after narrowly losing the 1995 referendum on Quebecois independence, Premier Jacques Parizeau, the then-leader of the independence movement, infamously blamed “money and ethnic votes” for the loss. More recently, the provincial sovereigntist party, the Parti Quebecois, tried to impose a “Values Charter” on the province aimed at criminalizing the wearing of hijab and niqab in certain public spaces and functions. Ask Black francophones if they feel welcome in the province and you’ll get mixed answers at best, often related to racist policing from Quebec’s forces.

Speaking of policing and the character of public safety institutions, matters remain stark.

A 2015 Toronto Star special investigation found hundreds of Greater Toronto Area officers internally disciplined for “serious misconduct”—including the physical abuse of homeless people and committing domestic violence—remained on the force. In 2012, the same outlet documented the excessive rate at which Black and brown Torontonians were stopped and “carded.” The data is staggering: The number of stops of Black men actually exceeded the number of young Black men who live in certain policing districts. And according to the Star, despite making up less than 10 percent of Toronto’s population, Black Torontonians comprised at least 35 percent of those individuals shot to death by police since 1990. Between 2000 and 2006, they made up two-thirds.

Meanwhile, LGBTQ and Native Ontario corrections officers have routinely complained of poisonous workplace environments; a recent survey found anti-Muslim attitudes prevail among a majority of Ontarians.

Especially poignant for me as a Latina who loves Canada is the case of former Vancouver firefighter Luis Gonzales. Gonzales, who is of Salvadoran descent, is now filing a human rights complaint against Vancouver Fire and Rescue Services for what he deemed a racist work environment that included anti-Black racism, like shining a fire engine floodlight on Black women in the street and joking about how one still couldn’t see them.

One could go on; the disparate nature of these abuses points to the intersectional character of prejudice in Canada, something that BLM Toronto was quite explicit about in its protest. While anti-Black racism is distinct, the coalition perspective envisaged by Black Lives Matter, which builds community with LGBTQ, Muslim, South Asian, and First Nations groups, reflects an understanding of Canadian racism that is quite intelligible to U.S. observers.

It is here that we should return again to Margaret Wente’s slyly nationalistic claim that BLMTO is a foreign import, insensitive to progressive Canadian reality. In this, as in so many other areas, we must dispense with the use of Canadian civic liberalism as a shield against criticism; the nation got this far because of sometimes intemperate, often loud protest. Protests against anti-LGBTQ police brutality in the 1980s and ’90s, for example, set the stage for a Toronto where the CN Tower would be lit up in rainbow colors. And any number of Native rights actions in Canada have forced the nation to recognize both its colonial history and the racism of the present; from Idle No More and the Oka Crisis to the 2014 VIA Rail blockade, that movement is alive and well. Indeed, the blockade was part of a long movement to make the government acknowledge that thousands of missing and murdered Indigenous women constituted a crisis.

If we must wrap ourselves in the Maple Leaf flag, then let us at least acknowledge that peaceful protest is a very Canadian thing indeed, instead of redoubling racist insults by insinuating that Black Lives Matter is somehow foreign or that institutional racism is confined to the United States. Canada has achieved little of worth by merely chanting “but we’re not as bad as the United States!” like a mantra.

Far from being a movement in search of a crisis, Black Lives Matter and its intersectional analysis is just as well-suited to Canada as it is to the United States. In the end, it is not, per the national anthem, God who keeps this land “glorious and free,” but its people.