A California task force is on track to recommend a massive reparations package worth as much as $800 billion to compensate Black residents, but whether such a payout would pass judicial muster is another question.
Legal experts warn that any plan to write checks to vast swaths of Black Californians for the economic harms of slavery would run into a host of hurdles, including the equal protection clause of the U.S. Constitution, if challenged in court – which is likely.
The task force voted last year to limit financial reparations to those who meet residency requirements and can trace their ancestry to enslaved or free Black people living in the U.S. in the 19th century. The figures being floated may be eye-popping, but Lisa Holder, a member of the California task force, said taxpayers need to view them in the historical context.
Supporters of slavery-related reparations point to the successful Japanese-American reparations effort, which resulted in a 1988 federal law that gave formal apology and $20,000 to each survivor of the internment camps. Germany paid reparations to Holocaust survivors. “Victim-specific relief is not considered a racial preference, as even Justice Scalia, who opposed all racial preferences, explained,” said Mr. Bader. “But payments to the descendants of victims is not victim-specific relief, and is thus a racial preference.”
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Reparations for Black Californians could top $800 billionEconomists for a California task force on potential reparations for Black residents estimate payouts could reach more than $800 billion for harm caused by policing and housing discrimination
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Reparations for Black Californians could top $800 billionIt could cost California more than $800 billion to compensate Black residents for generations of over-policing, disproportionate incarceration and housing discrimination, economists have told a state panel considering reparations.
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