The two remaining survivors of the 1921 Tulsa race massacre, known as the worst single act of white supremacist violence against African Americans in US history, attended a momentous hearing on Tuesday. Held at the supreme court of Oklahoma, the hearing marked the women's final opportunity for reparative justice. Dressed in black, Lessie Benningfield Randle and Viola Fletcher, both aged 109, listened intently as lawyers engaged in legal arguments for nearly two hours.

Randle and Fletcher, who were just children at the time of the massacre, witnessed the devastating events that unfolded on 31 May 1921, when a white mob killed around 300 Black Tulsans over a 24-hour period. The Greenwood neighborhood, often referred to as Black Wall Street due to its prosperity, was bombed and reduced to ashes. The traumatic events left 9,000 Black residents homeless and plunged the entire community into destitution.

Despite over 100 lawsuits filed seeking redress for the massacre over the years, no survivor has ever had their day in court until now. In a joint statement, Randle and Fletcher expressed gratitude for the opportunity to access the legal system, acknowledging the many others who have been turned away from seeking justice.

The lawsuit, launched almost four years ago, demands the return of land and property that was destroyed or stolen to survivors and their descendants. The case has been prolonged, and sadly, the recent passing of Fletcher's younger brother, Hughes Van Ellis, aged 102, has left the two survivors as the sole plaintiffs. Van Ellis had testified to Congress on the centenary of the massacre, urging for justice before his death in October 2020.

During the hearing, the survivors' lawyer, Damario Solomon-Simmons, emphasized the urgency of the moment, expressing the desire for justice to be served within the survivors' lifetime. The supreme court justices were asked to determine whether the survivors' complaint should proceed to discovery and, potentially, to trial. The suit argues that the damage inflicted on the Black community in Tulsa has never been rectified, and restitution should be provided by returning the taken property.

Last July, a district judge dismissed the legal action, initially allowing it to proceed before reversing the decision. This prompted the appeal on Tuesday. The outcome of the oral arguments is being closely watched, as this litigation effort represents one of the most advanced attempts to address historic injustices. While numerous reparations challenges have been brought forth in recent years, only a few have gained traction within the US court system.

The survivors' case has been brought under the legal concept of "on-going public nuisance," as it extends beyond the statute of limitations. The defendants in the case include the city of Tulsa, the Oklahoma military, and the sheriff of Tulsa county. The survivors argue that these public entities failed to prevent the massacre and actively facilitated it. Moreover, they claim that these entities have not made amends for the harm caused, leaving the Black community in ongoing distress.

The courtroom itself reflected the historic nature of the survivors' challenge. The two plaintiffs, Randle and Fletcher, sat 15 feet away from the lawyers representing the five defendants, while the overflowing public benches displayed support for the survivors. Several comments from the supreme court justices indicated empathy for the survivors' case, with one justice emphasizing the need to ensure the history is acknowledged and taught. Another justice questioned the defense's argument that the survivors lacked standing, highlighting the obvious harm they had endured.

As the justices reserved their ruling on the appeal, the survivors, escorted in wheelchairs, left the hearing with the hope that a decision would not be far off. The significance of this case reaches far beyond Tulsa, as it may set a precedent for addressing historical injustices through the legal system. For the survivors, the long-awaited and elusive path to justice may finally be within reach.