Justice Roberts Chose Colorblindness Over the Constitution | Opinion

Document Type

Response or Comment

Publication Date

6-29-2023

ISSN

2572-5343

Publisher

Newsweek Digital, LLC

Language

en-US

Abstract

George Floyd's murder unleashed global calls for racial justice. In the United States, millions marched with a modest plea: We must reckon with racism in America. Today, six rightwing Justices made it harder to do so. And yet, I am not surprised.

After all, the decision was predictable. Since the eve of the Civil War, the Supreme Court has consistently obstructed efforts to deliver equality for Black Americans. A decade after Emancipation, the Court defanged the Fourteenth Amendment and its antiracist aspirations. A decade later, the Court struck down Congress's first attempt to ban racial discrimination in public accommodations. These cases marked a supreme retreat from the still-nascent promise of multiracial democracy. They also sewed a powerful narrative that recast civil rights remedies as a threat to civil rights. Those seeds bore full fruit today.

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