The Color of Law

I just finished Richard Rothstein’s brilliant—and far from uplifting—book The Color of Law. It’s been getting a lot of favorable press, and rightly so.

The book accepts (for the sake of argument, maybe—Rothstein is always parsimonious in his arguments) the principle that Chief Justice Roberts puts forward when he says that if residential segregation ‘is a product not of state action but of private choices, it does not have constitutional implications’. It is devoted to showing that, contrary to the prevailing myth that residential segregation (between whites and African Americans) is a product of a private choices it is, in fact, a product of government policies, all the way from the Federal level to the most local level, and this is true in the North as well as the South. Housing segregation in the US is de jure, not de facto. And… it shows just that. He makes his case in careful, meticulous detail, but in unfussy and inviting prose, packed with illuminating stories that illustrate the central claims.

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