32 United States The Economist January 29th 2022
month he prefaced a query about a poten
tial settlement in a dispute over flags and
free speech with a selfdeprecating caveat:
“I’m sure this is a useless question.”
A penchant for casebycase consider
ation and balance led him to join conserva
tives in some highprofile cases involving
criminal defendants and other matters. He
joined decisions that allowed a 40foot
cross on public land and shielded religious
schools from some antidiscrimination
lawsuits. He followed a similar path perso
nally. In the wake of Bush v Gore, the Su
preme Court decision in 2000 that halted
votecounting in Florida and made George
W. Bush president, clerks for the liberal
and conservative justices weren’t talking
to one another. To ease the tension, Justice
Breyer walked into the clerks’ dining
room—a nearly unheardof occurrence—
and started chatting to the conservatives.
The leading candidate to replace him is
Ketanji Brown Jackson, 51, whom Mr Biden
promoted from a district court to the pow
erful circuit court of appeals in the District
of Columbia. A unanimous voicevote in
the Senate confirmed Ms Jackson to her
seat nine years ago. She has dual degrees
from Harvard and spent two years as a fed
eral public defender—a relative rarity
among federal judges (prosecutorial expe
rience is far more common). She was vice
chair of the usSentencing Commission,
where she helped revise sentencing guide
lines that imposed harsh penalties for
crack cocaine that disproportionately af
fected AfricanAmericans. This injustice
was not an abstraction for her: when she
was a teen, her uncle was sentenced to life
in prison for a minor drug crime; he was
granted clemency 30 years later.
A second contender for Justice Breyer’s
seat is Leondra Kruger, a 45yearold judge
on the California state supreme court. She,
too, wields a pair of Ivy League degrees and
clerked on the Supreme Court. She worked
in the solicitorgeneral’s office, which rep
resents the federal government before the
Supreme Court, arguing 12 cases. Her pre
sentations were crisp and unflappably
calm, even when all nine justices were
openly hostile to the position she was dis
patched to defend.
Other prospects include two district
court judges—Leslie Abrams Gardner, 47,
and J. Michelle Childs, 55—as well as Tiffa
ny Cunningham and Candace JacksonAki
wumi, both appellate judges in their 40s.
Any of them would be groundbreaking.
Only two of America’s 115 Supreme Court
justices have been AfricanAmerican; both
were male (Thurgood Marshall and Clar
ence Thomas). And there are only eight
black women currently serving on Ameri
ca’s 13 circuit courts, four of whom have
been seated in the past year.
Some may take issue with Mr Biden bas
ing his decision on race and gender,
thoughtheleadingcontendersallhavethe
requisite qualifications. The potential
nomineesarehardlyliberalfirebrands.Ms
Kruger,forinstance,hasoftensidedwith
conservativejurists,andhassaidthatshe
workstoenhance“thepredictabilityand
stabilityofthelaw”—notexactlythesortof
rallyingcrythatinspiresprogressives.
HoweverquicklyMrBidengetsa suc
cessortoJusticeBreyerinplace,andwho
eversheturnsouttobe,thecourt’sdirec
tion will notchange: there will stillbe
twice asmany conservativesasliberals.
Abortionrightsappearlikelytoberestrict
ed, gunrightsbolstered andaffirmative
action’s daysnumbered. At least in the
nearterm,thenextjusticewillprobably
findherselfdissentingearlyandoften.n
NewYorkcrime
New sheriff
in town
“I
t hasbecomeliketheoldWest,shoot
outs at high noon,” says Khayan Reed,
a violencedisrupter in the Bronx. He
works with Stand up to Violence (suv), a
programme begun by Jacobi, a cityrun
hospital. suvconsiders violence a disease
that can be cured through intervention.
Until the pandemic hit, it was seeing suc
cess. Gun violence in its targeted area had
decreased. Now, violence is pervasive.
“There’s just so many guns,” says Carjah
DawkinsHamilton, suv’s director.
New York City is nowhere near the
2,000 murders a year it saw in the early
1990s (it had 488 in 2021). But some neigh
bourhoods are decidedly unsafe. This
month five police officers have been shot,
two of them fatally. Several people were
pushed onto the subway tracks, and one of
them killed. A teenager was killed while
working at a Burger King. An 11monthold
baby was hit in the face by a stray bullet.
“Gun violence is a publichealth crisis.
There’s no time to wait,” says Eric Adams,
the new mayor. On January 24th he re
leased his blueprint for combating gun vi
olence. Mr Adams is a former police cap
tain, but his plan goes beyond policing. Ev
ery city agency will be involved in public
safety, even rubbish collectors. “If you live
in a community that is filthy,” says Erica
Ford, founder of Life Camp, another vio
lenceintervention group, “you think
you’re filthy, which helps to reinforce neg
ative behaviour.” Each agency will have an
antigunviolence coordinator. Mr Adams
intends to increase the number of hospi
talbased intervention programmes, such
as suv. He will redirect resources to those
in urgent need of mentalhealth care.
Next week President Joe Biden is due to
visit New York to discuss gun violence with
the mayor. Mr Adams is prioritising the is
sue which won him the election. He will be
judged on how successful he is at making
streets and the subway safer.
But some of what he wants to do is out
of his hands. He lobbied for more gun re
strictions and begged Congress to pass the
stalled Build Back Better Act, which in
cludes funds for antiviolence initiatives.
He wants the state to roll back bail reforms
and wants violent teenagers under 18 to be
tried as adults. The progressives in Albany,
the state capital, are unlikely to oblige.
Controversially, Mr Adams intends to
reimagine the disbanded Street Crime Un
it, a plainclothes squad. Members will
wear modified uniforms and cameras and
will be carefully vetted and trained. Some
violencedisrupters are worried that this
means indiscriminate “stop and frisk”,
which a federal court ruled unconstitu
tional in 2013, will return. But one Life
Camp violencedisrupter, who has spent
time behind bars, sighs that “desperate
times call for desperate measures”.
Most of Life Camp’s workers have incar
ceration histories, which gives them credi
bility among the people they are trying to
deter from violence. Roger “Nacy” McCle
ary and Justice Townsend, who were 21 and
19 when they were locked up, served 31 and
27 years. They know only too well what’s at
stake. One recent afternoon in Jamaica,
Queens, a New York borough, Life Camp’s
outreach team canvassed Sutphin Boule
vard’s “hotspots”, corners where trouble
makers congregate. Along the way, they
said hello to everyone. They warmly greet
ed a 12yearold going into a shop with his
sisters. The disrupters had previously in
tervened when he started hanging outwith
a gang. Mr Adams will need a lot ofsimilar
interventions for his plan to succeed.n
J AMAICA, QUEENS
Eric Adams unveils his blueprint to
help the thin blue line tackle violence
After the killing, the candles