A pending lawsuit can pressure Congress into passing reparations as a settlement.

Evidence

During the House debate, Rep. Barney Frank (D-MA) brought up the NCJAR lawsuit, stating: β€œSo this might well save the Government money. Nobody can be sure. I would not bet on the success of that lawsuit but there is a lawsuit, and what we are saying is that here is an offer of a settlement, and if you accept that, then you are out of the lawsuit. It is an absolute bar to people pursuing the lawsuit, where if they are allowed to sue the Government and the Government is admittedly at fault, the damages would be far greater than anything in here.” The NCJAR’s lawsuit provided tailwinds of support for H.R. 442. β€” Dorothy A. Brown, Getting to Reparations, 216

Categorization

  • XREF: Connects to coercive leverage theory in the law merchant readings β€” litigation as credible threat shifting negotiated outcomes.
  • SEED: Essay angle: strategic use of litigation as tailwind for legislative reparations β€” the lawsuit as bargaining chip rather than remedy.