Eric Holder’s War on the War on Drugs

The attorney general's remarks on Monday represent a striking transformation in federal criminal-justice policy.

Eric Holder (Justin Sullivan/Getty Images)

(The Root) — The Justice Department’s plans to reduce federal incarceration rates related to the war on drugs represent a major victory for prisoners’-rights advocates and the African-American community, in which record numbers of young men have been imprisoned as casualties of America’s drug wars.

In a historically significant speech before the American Bar Association in San Francisco on Monday, Attorney General Eric Holder outlined steps to reduce the numbers of people sentenced under mandatory-minimum laws. Holder’s remarkable speech connected the shift in federal criminal policy to the enormous social and political costs of maintaining the status quo.

“A vicious cycle of poverty, criminality and incarceration traps too many Americans and weakens too many communities,” argued Holder. “We cannot simply prosecute or incarcerate our way to becoming a safe nation.”

Holder’s speech represents an acknowledgment that the phenomenon of mass incarceration related to the drug wars is one of the most important civil rights issues of the 21st century. The American Civil Liberties Union, NAACP and prisoners’-rights activists at the local, regional and national levels have protested and lobbied for reforms that go beyond what Holder announced on Monday. These include ending mandatory-minimum sentences that were passed under the 1986 Anti-Drug Abuse Act during the height of the political hysteria over crack cocaine.

More than 25 years later, racial bias remains embedded in these anti-drug laws, exemplified by harsher sentences imposed on crack (more likely to be used and sold by blacks) versus powdered (more likely to be used by whites) forms of cocaine. Black male defendants have received, according to Holder, a contemporary version of these disparities in sentences 20 percent longer than their white counterparts for the same crimes.

In many ways Holder’s speech represents a watershed moment for President Barack Obama. In recent weeks the Obama administration has been rightfully criticized for a lack of transparency regarding the National Security Agency’s information-gathering capabilities, which Edward Snowden revealed, and potential violations of civil liberties. Obama’s handling of the moral hazards required to defend American lives in an age of terror has, in the eyes of his harshest critics, made his national-security stances indistinguishable from those of his predecessors. Such interventions are an important and necessary part of healthy debate in a democracy.

But critics must also forcefully acknowledge the moments when the president has lived up to the promise of his 2008 election. This is one of those times. Holder’s vigorous defense of voting rights had already earned him a place as one of the nation’s best attorney generals in recent history. His brilliant reformulation of America’s criminal-justice system and its relationship with black and Latino defendants cements his legacy as the most important Cabinet member of the entire Obama administration.

The Justice Department’s intervention on the nation’s criminal-justice system represents a crucial first step in transforming the system of mass incarceration that has decimated poor communities of color. It offers a moment of possibility for activists, policy experts and citizens to pursue a vision of American society that focuses on rehabilitation instead of incarceration, and democratic renewal instead of demonizing the young, the poor and the black and brown.  

The most compelling aspects of Holder’s landmark speech echo themes of legal scholar Michelle Alexander’s groundbreaking The New Jim Crow. Alexander’s study of race and mass incarceration documents how the drug wars helped create a new racial underclass consisting primarily of black men who were nonviolent drug offenders. Most provocatively, Alexander argues that legal constraints (in voting, employment, the ability to travel and live in public housing) by criminal felony convictions represent a new form of racial segregation.