At
the first Democratic presidential debate, the exchange between Joe
Biden and Kamala Harris hit home for me. Harris’s
poignant story about being bused when she was a child, along with her
sharp rebuke of Biden’s opposition to “forced busing”,
resonated widely and powerfully. Like Harris, I lived through
busing—a long forgotten chapter in the history of school
desegregation. My schooling experience was defined by the
metropolitan busing remedy in New Castle County, Delaware—“deseg”
as many called it—which was one of the most comprehensive
school desegregation plans in the entire country [1]. Joe Biden
was my Senator—someone I admire and who has helped my family,
friends, and many others from Delaware. He developed his views
on busing largely through the charged debate on deseg in our home
state. [2]
Biden
has been roundly criticized for his position, and there is a valid
basis for this criticism. He collaborated closely with
segregationist Senators, along with White anti-busing activists in
Delaware, giving these groups some legitimacy [3]. He opposed
busing remedies for de facto segregation but did not consider housing
and education policies that led to such segregation [4]. When
articulating his support for local control of busing during the
debate, Biden overlooked how such local control has often thwarted
desegregation efforts. Moreover, some of his past statements
seemed to espouse a moral equivalence between Black and White
opponents of busing: he did not call out the latter firmly for their
racism. Biden has also appeared muddled and defensive when
explaining his record. Although I believe he has had good
intentions, his words give the impression that political ambition may
have clouded his judgment.
Nevertheless,
there is more to busing and to Biden’s position on it.
Deseg was complex on many levels—through its politics, its
implementation, and its long term effects. My perspective on
busing is both academic and personal [5]. Going to school with
Black students from inner city Wilmington, who I would not have met
otherwise, had a tremendous positive impact on my life. Many of
them are my friends to this day. My experiences with busing are
the reason I became interested in race and racism, and that I am now
a law professor who focuses on those issues.
During
and after law school, I also worked closely another well-known critic
of busing: the late Professor Derrick Bell [6]. Professor Bell
is the most renowned scholar ever on race and law. He was the
first tenured Black law professor at Harvard Law School. He is
widely known and revered among racial justice advocates for, among
other things, leaving his position at Harvard in protest of the Law
School’s failure to hire more women of color faculty. He
is one of the founders of an influential scholarly movement
known as Critical Race Theory (CRT). And his pioneering
writings in CRT disapproved of the civil rights establishment’s
unabashed support for school integration. [7]
Professor
Bell has been ignored in the recent conversation about busing, but
his perspective reminds us that while busing may not have been the
“liberal train wreck” that Biden described [8], it was
not a liberal panacea either. Professor Bell wrote that he
would have actually dissented in Brown
v. Board of Education,
focusing on equality of schools instead of integration itself [9].
His motivation, of course, was very different from that of
segregationists. He felt that integration and busing had become
mere symbolic issues, and that civil rights advocates did not always
prioritize the best interests of Black children. In as much as
he opposed busing, Professor Bell was concerned about Black children
being thrown under the bus. [10]
Professor
Bell laid this out in his groundbreaking 1976 Yale
Law Journal article, Serving
Two Masters.
Here, he discussed his experience meeting with Black community
representatives and NAACP lawyers in 1975, as they planned the second
phase of Boston’s school desegregation effort. The first
phase, in the previous year, was met with violent incidents and
garnered national attention. Professor Bell recounted how the
Black representatives were ambivalent about busing. They wanted
to continue the progress in civil rights, but they also wanted more
emphasis on schools’ educational quality, and they feared
sending their children to some of Boston’s more violent White
neighborhoods. [11]
From
this and other experiences, Professor Bell came to believe that a
singular focus on integration was misguided, and that the goal should
be equal educational opportunity for all Black children.
Professor Bell acknowledged that equal opportunity could come about
through integrated schools, but not always. As stated
in Serving
Two Masters:
"The
busing issue has served to make concrete what many parents long have
sensed and what new research has suggested: court orders mandating
racial balance may be (depending on the circumstances) advantageous,
irrelevant, or even disadvantageous."
[12]
At
the time, Professor Bell was criticized by the civil rights community
for his views, but he is now widely admired for his courage.
Professor
Bell’s admonition resonated when deseg was implemented in
Delaware. Busing was great for me personally, but it was more
complicated for my Black friends from Wilmington. They were
bused to the suburbs in New Castle County for 9 years out of 12,
while those of us in the suburbs were only bused to the inner city
for three years. Those bus rides were thirty minutes long each
way. Busing and other efforts towards integration almost always
put a greater burden on people of color, and Black parents and
children in Wilmington lived this burden. Professor Jeffrey
Raffel, who has studied Delaware desegregation extensively, reported
that before deseg was implemented in 1978, Black parents in
Wilmington were almost evenly split on the issue of busing. In
his initial survey, slightly more of these parents actually opposed
busing than supported it, and more than three times as many
“strongly” opposed it as “strongly” supported
it. Attitudes towards busing became more positive as these
parents learned more about desegregation, but there were still
significant misgivings. A majority of Black parents surveyed
had real concerns about safety, convenience, and opportunity to be
involved in their children’s school activities. [13]
Biden
was aware of Black parents’ concerns with busing. He had
a good relationship with the Black community in Wilmington, and in
his 1975 National Public Radio (NPR) interview, Biden noted that he
spent almost 300 hours studying the issue and speaking with Black and
White people in Delaware before coming to his anti-busing position
[14]. Many years later, in his autobiography, Biden echoed some
of the concerns that Raffel had reported in his survey:
"[B]lack
parents were terrified that their children would be targets of
violence in suburban schools. [Busing] also meant that a
parent-teacher conference could cost them a half day of work.
And what if there was an emergency? A lot of people in
inner-city Wilmington didn’t have cars, and there was no
reliable public transportation." [15]
These
were real, lived dilemmas. One of my friends from Wilmington,
Joni, told me that although her busing experience was positive, her
mother hated busing precisely because she did not have a car and
could not conveniently get to her children’s schools.
Because of this, Joni’s mother was reluctant to allow her to
participate in after-school activities. Although her mother
eventually relented, this concern became particularly salient one
day, when Joni was injured during a field hockey game and had to be
taken to the hospital. Joni also lamented the fact that her
family could not attend her athletic events and other school
activities; and that busing precluded her from going to after-school
social events and study groups at her suburban friends’ homes.
Thus, while deseg opened up opportunities in the long term, it also
closed off others in the short term—particularly opportunities
for Black parents to be involved in their children’s schooling.
Beyond
such challenges, Biden—like Professor Bell—expressed
concern for educational equality. In his Senate floor statement
against busing on September 17, 1975, Biden contended that “[busing]
obfuscates the real issue today which is whether or not there is
equal opportunity within the educational field for all people[.]”
He reiterated twice that “equal opportunity in education”
and “better educational opportunity for blacks and minority
groups” should be the priority. Indeed, if Serving
Two Masters had
not been published until a year later, one might even think that
Biden read parts of it on the Senate floor. [16]
Biden’s
stances illustrate the intricate politics of busing. The debate
over deseg in Delaware was not a simply one between civil rights
advocates and anti-busing racists. Professor Brett Gadsden
describes the opposition to busing as:
"[A]
variation of Derrick Bell’s theory of interest convergence in
which black activists and educational reformers … found common
cause—directly or indirectly—with white public
officials who wanted to perpetuate racial segregation or temper the
impact of desegregation mandates." [17]
Professor
Gadsden notes that part of this milieu was “an unexplored, if
implicit, meeting of the minds” between Black activists and
“white liberals like Biden.” And although
Biden—through his work with both White anti-busing activists
and Black community activists—was "serving two masters",
I believe he truly felt that busing would hurt Black children and
their parents more than it would help them, and that he would not
have opposed it otherwise.
There
are many different stories of deseg: positive, negative, and
ambivalent. Several of my friends from Wilmington told me that
busing was an enlightening experience. It exposed them to
different people, perspectives, and possibilities. Others did
not view it as positively. My friend Taquan was part of the
first cohort of Black students bused from Wilmington to the suburbs,
back in 1978. Many years later, in a 1991 article in
the Wilmington
News Journal,
Taquan recounted his feelings: “When shipped – excuse me,
bused – I noticed a change. My academic prowess began to
decay.” Taquan felt that his White teachers after deseg
challenged his abilities, whereas his Black teachers prior to deseg
had actually cared about teaching him. “We were in
school, not a boxing match[,]” he stated pointedly [18].
But when I spoke with him recently, Taquan also noted that his
experience in Wilmington, Delaware may have been different from
Kamala Harris’s experience in Berkeley, California.
Black
parents had to weigh all of this complexity when thinking about
busing. In spite of their concerns, Professor Raffel’s
survey indicated that most Black parents in Wilmington thought that
deseg would “provide a better education for most black
students” [19]. Professor Bell notes that Black parents
often discerned that “green follows White”: they believed
that “whites would never give black schools a fair share”
and that integrated schooling was the only means to a quality
education [20]. Many of these parents also saw deseg itself as
an advance in the struggle. Biden recounts that his Black
constituency “was afraid that if they really back off busing,
it will be taken as a signal … [of] … backing off on
racial progress” [21]. Although it is debated, many
social scientists do believe that busing and desegregation generally
had a positive impact on the academic achievement of Black students
[22]. And some of my friends noted that while they did not like
riding the buses at the time, they are now grateful for the
experiences that deseg provided.
Although
it was difficult back then, the benefits of school desegregation, for
me, for my friends, and for society generally, resonate many years
later. Ultimately, this is why I disagree with my former home
state Senator. I think busing was necessary in the broader
struggle for racial justice, and that federal courts had to order
forceful desegregation remedies to make it happen. I am proud
that I rode the buses in Delaware and was a small part of that
struggle. But Professor Bell taught us many important lessons,
and he continues to do so. We should not lose sight of the
paradox of busing. Its gains came through the many sacrifices
that Black children and parents made, sometimes unwillingly, to make
America better for all of us.
Notes
[1] See Jeffrey
Raffel, The Politics of School Desegregation: The Metropolitan Remedy
in Delaware (1980).
[2] See Brett
Gadsden, Between North and South: Delaware, Desegregation, and the
Myth of American Sectionalism 1-3 (2013).
[3] See David
A. Love, Why
Joe Biden is Wrong,
Al Jazeera, July 4, 2019. Nevertheless, Biden's position on
busing did not please the Positive Action Committee (PAC), Delaware's
most prominent anti-busing organization. According to Professor
Raffel, PAC President James Venema "constantly attacked Biden's
position." In 1978, the year that deseg was implemented in
Delaware, Venema decided to run for Biden's Senate
seat. See Raffel, supra note
1, at 81, 116.
[4]
See Brett Gadsden, Here’s
How Deep Joe Biden’s Busing Problem Runs Deep And Why the
Democrats Can’t Use It Against Him,
Politico, May 5, 2019.
[5] See Vinay
Harpalani, Ambiguity,
Ambivalence, and Awakening: A South Asian Becoming “Critically”Aware
of Race in America,
11 Berkeley Journal of African-American Law & Policy 71 (2009).
[6]
For more on my connection to Professor Bell, see Vinay
Harpalani, “Gifted
with a Second-Sight”: Professor Derrick Bell the
Teacher, in Covenant
Keeper: Derrick Bell’s Enduring Education Legacy 17 (Gloria J.
Ladson-Billings & William F. Tate eds., 2016).
[7]
For more on Professor Bell’s life and work, see Derrick
Bell Official Website.
[8]
Joe Biden, Promises to Keep 125 (2008).
[9] See Derrick
Bell, Bell,
J., dissenting, in What Brown
v. Board of Education Should
Have Said 125 (Jack M. Balkin, ed.) (2001)
[10] See Neither
Separate Nor Mixed Schools: The Chronicle of the Sacrificed Black
School Children,
Chapter 4 of Derrick Bell, And We Are Not Saved: The Elusive Quest
for Racial Justice 102 (1987).
[11] See Derrick
A. Bell Jr., Serving
Two Masters: Integration Ideals and Client Interests in School
Desegregation Litigation,
85 Yale Law Journal 470, 482 (1976).
[12] Id. at
480.
[13] See Raffel, supra note
1, at 28-32. Also, in February 1978, the New
York Times reported
that "if busing were put to a vote in the black community [in
Wilmington], it would be voted down." The NYT report
was based on an interview with Charles Grandison, who was a Black
aide to Wilmington Mayor William McLaughlin. Grandison also
opined that "[t]he blacks won the case ... but they still think
they're getting shafted." See Steven
V. Roberts, Leaders
of Wilmington, Del., Seek Smooth Start of Busing, N.Y.
Times, Feb. 2, 1978, at A16.
[14] See Alana
Goodman, Joe
Biden embraced segregation in 1975, claiming it was a matter of
‘black pride’,
Washington Examiner, Jan. 31, 2019. The online version of this
article also contains an embedded version of the 1975 NPR interview.
In the same interview, Biden used the language of “black pride”
and “black is beautiful.” He likely garnered these
ideas from individuals involved in the Black Power movement, further
illustrating his connection to the Black community.
[15] See Biden, supra note
8, at 125.
[16] 121
Congressional Record S29103 (daily
ed. Sept. 17, 1975) (statement of Sen. Joseph R. Biden).
[17] See Gadsden, supra note
2, at 19 (citing Derrick
A. Bell, Jr., Brown
v. Board of Education and the Interest-Convergence Dilemma,
93 Harvard Law Review 523 (1979). Here, Professor Bell provides
another informative insight. “Interest-convergence”
refers to the aligning of groups who would seemingly be opposed, due
to a common interest. In this case, anti-busing racists and
Black activists who emphasized community control, all in the effort
to oppose busing.
[18]
Taquan Stewart (as told to Rhonda Graham), For
one, deseg was a dissatisfying challenge,
Sunday News Journal (Wilmington, DE), July 28, 1991 at L1, L3.
[19] See Raffel, supra note
1, at 30.
[20] See Bell, supra note
10, at 104.
[21] See Biden, supra note
8, at 126.
[22] See,
e.g., Rucker
C. Johnson, Children of the Dream: Why School Integration Works
(2019).
Acknowledgment
I
appreciate Taquan Stewart, Joni Kurylo, Jon Jervey, Shane Riley, and
Melanie Prince for sharing with me some of their experiences with
busing in Delaware. Turquoise Young also gave helpful feedback
on this post.
This
commentary was originally published by Law Professor Blog Network
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