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14 Calif. L. Rev. Online 1 (2023)

handle is hein.journals/callro14 and id is 1 raw text is: Federalizing the Hate Crimes Frame Kai Wiggins* Introduction .................................................................................................1 I. The State Hate Crime Enforcement Critique...........................................3 II. Distinguishing Federal Hate Crime Enforcement ..................................6 III. Federal Hate Crime Enforcement and Racial Justice..........................15 INTRODUCTION Public debate over the U.S. legal response to White supremacist violence is on constant simmer, bound to boil over whenever an attack draws national attention. In recent years, that's happened often. Like in 2015, when a White nationalist gunman killed nine worshippers at a Black church in Charleston, South Carolina.' And in 2019, when a White man who decried the Hispanic invasion of Texas shot twenty-two people dead at an El Paso Walmart.2 In each case, the legal response was swift, and the penalties severe. Both men were tried in state and federal court, including for committing federal hate crimes, and both men faced a life sentence, if not death.3 But neither man was charged with terrorism. To some, that alone rendered the response inadequate, at DOI: https://doi.org/10.15779/Z384J09Z5M Copyright © 2023 Kai Wiggins. * 1. See Alan Blinder & Kevin Sack, Dylann Roof Found Guilty in Charleston Church Massacre, N.Y. TIMES (Dec. 15, 2016), https://www.nytimes.com/2016/12/15/us/dylann-roof- trial.html. 2. See Merrit Kennedy & Barbara Campbell, US. Charges Suspect in El Paso Walmart Shootings with Hate Crimes, NPR (Feb. 6, 2020, 7:29 PM), https://www.npr.org/2020/02/06/803503292/u-s-charges-walmart-gunman-in-el-paso-with-hate- crimes. 3. See Meg Kinnard & Denise Lavoie, Court Upholds Death Sentence for Church Shooter Dylann Roof, ABC NEWS (Aug. 25, 2021, 6:45 PM), https://abcnews.go.com/US/wireStory/black- church-shooters-conviction-death-sentence-upheld-79640421; Press Release, U.S. Dep't of Just., Texas Man Charged with Federal Hate Crimes and Firearm Offenses Related to August 3, 2019, Mass- Shooting in El Paso (Feb. 6, 2020), https://www.justice.gov/opa/pr/texas-man-charged-federal-hate- crimes-and-firearm-offenses-related-august-3 -2019-mass. 1

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