Celebrating the Civil Rights Act- even as some seek to virtually repeal it

As the Department of Justice celebrated the 60th anniversary of the Civil Rights Act of 1964, we must recommit ourselves to it.

On Tuesday I went over to the Department of Justice for the celebration of the 60th anniversary of the Civil Rights Law of 1964. It was a very moving event for me, and brought greater clarity about the situation we face today. 

Being in the Great Hall of the Department of Justice was impressive, watching a powerful video of the history of the historic civil rights bill, and hearing the details again of how it was courageous civil rights activists that brought that moral mission to America. The Department of Justice was founded in the aftermath of the Civil War with a primary focus to establish civil and voting rights for Black people in America, but despite significant early prosecutions and convictions against domestic terrorism, showed a near century of inaction after Reconstruction came to an end with Jim Crow and the KKK in its wake. Those who marched along with Rev. Dr. Martin Luther King Jr. in Birmingham, Alabama–including children who were fire hosed and attacked by the dogs of Bull Connor–were given the rightful credit in the opening of yesterday’s celebration for bringing the civil rights issue to the forefront in America.

Attorney General Merrick Garland spoke of the Department’s failures and inaction which he said we must never repeat. He said:

We have seen attacks on civil rights before. We have seen the courageous struggle of Americans who successfully moved this country closer to its promise. And we have seen the backlash against those efforts.

Since its founding, the Justice Department has been at its best when it stands firmly on the side of protecting civil rights.

That is the legacy we recommit ourselves to today.

Then Garland spoke personally. 

That legacy is an important reason why I returned to the Justice Department three and a half years ago, after serving for more than two decades as a judge.

I loved being a judge.

But my job as a judge was to decide only the cases that were randomly assigned to me, faithfully applying the law to the facts, and in that way to do my part to ensure the rule of law.

But in 2020, along with the rest of the country and the world, I watched as Ahmaud Arbery, Breonna Taylor, and George Floyd were senselessly taken from their loved ones and their communities.

I know that the feeling of despair I felt at that time reflected just a fraction of the grief and devastation felt — and still felt — by their families and by Black Americans all across this country.

But in the wake of those tragedies, I questioned whether what I was doing with the time given to me was enough.

So, when given the chance, I came back to the Justice Department.

I came back to this place, with its history of stepping up for equal justice when it was needed the most. 

The Attorney General choked up for a bit at this point and concluded:

And that is what this Justice Department is doing today

Here is what watching this historic event said to me–about where we are right now.

Usually, at such celebrations, there are discussions about how far we’ve come and how far we still have to go on civil rights. There are healthy debates on the progress we’ve made and still have to make in critical areas like education, employment, fair legal protections, and voting rights. There are often generational differences about what real activism will require today. 

While there was some of that, the ethos of the event was very different this time. Everyone there felt the threats that are now upon us in relation to civil rights in every area of the nation’s life. Instead of feeling the nation’s affirmation of the amazing civil rights history behind us and the call to go forward; there was a feeling of being surrounded now by growing opposition to that civil rights history, even the desire to erase it, and a ugly movement to turn things back in an old direction.

It wasn’t just a debate over further progress on civil rights, but rather a recognition that all the progress so far on civil rights was now under great peril. There was a feeling, and I would say fear in the room, and in conversations after the event, about how all the sacrificial and powerful 60 years of history we were celebrating were now in great danger of being rolled back altogether. On the 60th anniversary of the great progress of the Civil Rights Act, there is now the very real danger of it being virtually repealed.

On a call with faith leaders also this week on the future of legislation to protect the poor in 2025, the single word that was uttered from a leading Black church leader as to what Black people would face depending on the election result was “survival”. 

Meaning fear of the threats of violence to Black people, including Black children, if our politics go in an authoritarian direction. 

This Justice Department held accountable the white men who attacked Ahmaud Arbery just because he was black while he was jogging. Black families in America are now worried about that same violence against their own children without accountability, and even encouragement, from a new regime and angry white culture under Donald Trump.

At the end of the DOJ event I spoke to Assistant Attorney General for the Civil Rights Division, Kristen Clarke, after the event. Her powerful narration of the video detailing the history of the Civil Rights bill and her plea for protecting voting rights in this election were core to the event. She has become an ally to those of us in the faith community who believe voting rights is a faith issue and not just a political one. I also spoke to Attorney General Merrick Garland, and thanked him for his resolute defense of the Department of Justice in weaponized partisan Congressional hearings where he and other DOJ officials came under personal attack.

These attacks on the integrity and legitimacy of the Department of Justice are all part of a plan to undercut trust in our democratic institutions and safeguards– a tactic that is always used by those seeking authoritarian power. They want no checks and balances to their power.

Our country must face up to the reality that one candidate admits he will be a dictator on his first day and will stop at nothing to accomplish his and his former aides extreme agenda– including the goals of Project 2025.

The real choice we face in the election is whether we will allow the victory of fascism in America, and it is time to name it that way–in stronger terms than just protecting democracy. The French electorate understood this when they voted against fascism– an example we must learn from.

Our choices are clear and everything is at stake. It is time for all of us to understand the moment we are in.

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