Uploaded November 2025 | Updated September 2026, 11 hours ago
Critical Constitutional Realism: CRT, Fascism, and the Future of Racial Justice
Critical Race Theory (CRT) has reshaped how we understand democratic and legal institutions by placing race and racism at the center of inquiry. CRT is uniquely positioned to provide a framework for confronting the global resurgence of fascism.
Since the 2017 election of Donald Trump, America has witnessed a rise in authoritarian populism, political repression, and the erosion of democratic norms. These developments, paralleling global trends, reflect long-standing patterns in which fascist movements exploit racism, xenophobia, and social division to consolidate power. America’s own history—marked by slavery, economic exploitation, and systemic racial oppression—offers crucial context for understanding contemporary fascism and shaping effective responses.
This panel will explore how CRT’s core tenets—recognition of structural racism, intersectionality, interest convergence, and racial realism—can guide strategies to resist and dismantle fascism. Discussion will center on questions such as:
•How can CRT illuminate the ties between America’s racial history and modern fascist strategies?
•In what ways can intersectionality inform coalition-building across marginalized communities?
•How might CRT approaches reshape advocacy and policymaking to counter authoritarianism?
•Can CRT’s critique of liberalism help construct resilient, community-driven models of democracy?
Panelists will draw on interdisciplinary insights and current movements to articulate a forward-looking CRT framework responsive to the urgency of today’s challenges. The session seeks not only to deepen theoretical discussions but also to identify actionable racial justice strategies, connecting CRT’s analyses of systemic racism and racial capitalism to fascism while empowering future generations to defend equity and democracy.
•Atiba R. Ellis, Associate Dean for Enrichment and Engagement and Professor of Law, Case Western Reserve University School of Law
•Areto Imoukhuede, Professor of Law, Florida A&M University College of Law
•Darrell D. Jackson, Winston Howard Distinguished Professor of Law, University of Wyoming College of Law
•Christian Sundquist, Professor of Law, University of Pittsburgh, School of Law
Critical Constitutional Realism: CRT, Fascism, and the Future of Racial Justice
Critical Race Theory (CRT) has reshaped how we understand democratic and legal institutions by placing race and racism at the center of inquiry. CRT is uniquely positioned to provide a framework for confronting the global resurgence of fascism.
Since the 2017 election of Donald Trump, America has witnessed a rise in authoritarian populism, political repression, and the erosion of democratic norms. These developments, paralleling global trends, reflect long-standing patterns in which fascist movements exploit racism, xenophobia, and social division to consolidate power. America’s own history—marked by slavery, economic exploitation, and systemic racial oppression—offers crucial context for understanding contemporary fascism and shaping effective responses.
This panel will explore how CRT’s core tenets—recognition of structural racism, intersectionality, interest convergence, and racial realism—can guide strategies to resist and dismantle fascism. Discussion will center on questions such as:
•How can CRT illuminate the ties between America’s racial history and modern fascist strategies?
•In what ways can intersectionality inform coalition-building across marginalized communities?
•How might CRT approaches reshape advocacy and policymaking to counter authoritarianism?
•Can CRT’s critique of liberalism help construct resilient, community-driven models of democracy?
Panelists will draw on interdisciplinary insights and current movements to articulate a forward-looking CRT framework responsive to the urgency of today’s challenges. The session seeks not only to deepen theoretical discussions but also to identify actionable racial justice strategies, connecting CRT’s analyses of systemic racism and racial capitalism to fascism while empowering future generations to defend equity and democracy.
•Atiba R. Ellis, Associate Dean for Enrichment and Engagement and Professor of Law, Case Western Reserve University School of Law
•Areto Imoukhuede, Professor of Law, Florida A&M University College of Law
•Darrell D. Jackson, Winston Howard Distinguished Professor of Law, University of Wyoming College of Law
•Christian Sundquist, Professor of Law, University of Pittsburgh, School of Law
