What Is Racism?

The pejorative is bandied about quite frequently as a weapon, particularly by those on the left and sometimes by conservatives, too.

Unfortunately, the term as well as the label “racist” are used so inaccurately both intentionally and due to sloppy thinking that the derogatory sting has been greatly reduced, though not eliminated.

The definition should be unambiguous.  A person who categorizes people first and foremost by their race, rather than their individual characteristics, surely fits the definition (particularly if the user is hostile to the other race).  But I suggest that it does not encompass racial prejudice or bias.  If it did, who among us could claim to have none?  Indeed, if it did, the label would be harmless – we’d all qualify. 

Consider the uproar generated by Donald Trump’s allegation that the judge in a civil case was not being fair to him because he’s a Mexican (false).

The charges of racism filled the airways.  Even those on the right like morning talk show host Joe Scarborough and Speaker of the House Paul Ryan were vociferous in their condemnation of Trump and demanding that he apologize.

The verbal assaults were flawed in a crucial detail.  Trump’s comments undoubtedly were ill-informed, foolish and ignorant.  But they were not “racist”.

First, Mexico is a nation, not a race.  Second, the judge, born in Indiana, is white. 

It makes as much sense to call Americans a race as to call Mexicans as such.  [As an aside, Mexico is about sixty-five percent mixed race (Indian and white), eighteen percent American Indian and seventeen percent white.]

However, as a lawyer who has appeared before countless judges over many years, I find Trump’s comments offensive for a far more important reason.  Apparently, the would-be GOP nominee does not appreciate that judges are sworn to be unbiased in their roles.  In my experience, the vast majority strive to meet that obligation in the performance of their judicial duties.

 

Of course, judges have biases, likes and dislikes, like the rest of us.  But their duty is to put those aside as best they can while performing their judicial function to be fair to each side before them.

Sure, it’s probably true that Judge Gonzalo Curiel is not a fan of Donald Trump.  Possessing Mexican heritage, he may have been offended by Trump’s aspersions toward Mexican immigrants.  Yet, even if those reasonable suspicions are true, so what?  They hardly mean that the judge is incapable of putting them aside so that he can properly carry out his duty to be fair.

The fact that Donald Trump didn’t – and probably still doesn’t – understand and appreciate how judges actually function is more than troubling.