Racism, Incorporated: \u3ci\u3eRamos v. Louisiana\u3c/i\u3e and Jogging While Black

There is more to the U.S. Supreme Court’s recent decision in Ramos v.Louisiana than its holding requiring unanimous state jury verdicts via theincorporation doctrine. The underlying debate among the Justices in Ramosabout the salience of race in the law is a window into the current culturalmoment. After identifying the racial debate underlying the Justices’ views inRamos, this Essay shows how the same pattern emerges in our social andlegal debates around vigilante policing of Black Americans, including aclose-up look at the recent killing of Ahmaud Arbery. Social psychologyteaches us that society stereotypes young Black males, which turnssupposedly race-neutral “law and order” policies into invitations todisproportionately police Blacks for everyday activities like jogging.This Essay then looks to research on the righteous moral mind for a wayforward, noting that we may each see the world differently, sometimes inways unfathomable to the other. The challenge for our law and culture is tofind ways to incorporate and embrace those differences while recognizingthat our Constitution’s highest ideals demand that we move, even if in fitsand starts, toward a more inclusive, perfect union