In 2006, a federal court ruled that the descendants of Black slaves in the U.S. have no “standing” to sue for reparations. However, Dr. Jahi Issa and Reggie Mabry say they have devised a new legal strategy to overcome the courts’ objections. “Slavery in the United States was immoral, but it was legal,” said Mabry. What was not legal, however, was the importation of Africans as forced labor after the outlawing of the international slave trade in 1808. Issa and Mabry claim “the bulk” of U.S. Blacks are descended from these post-1808 victims of “human trafficking” -- as distinct from slavery -- and can make a successful case for redress in court.
Michael Li is Senior Counsel in the Democracy Program at the Brennan Center for Justice.
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