The United States’ past ideology of overt state-sanctioned racism has been replaced by a covert, seemingly race-neutral ideology. This Article looks at the history of racism in the United States and traces the recent shift in ideology and discourse about race, positing that the discourse of “colorblindness” powerfully maintains the racial status quo while purporting to advance race neutrality. Then, using affirmative action as the lens from which to view these shifts in ideology and discourse, this Article analyzes racial disparities in health and healthcare. It highlights some of the health consequences people of color face because they live a racialized existence amid this discourse of colorblindness. The Article concludes with a call to revitalize a proposal, once called a “faddish theory,” to acknowledge racism in institutional policies and practices even when laws carefully avoid making facial racial classifications.
- Affirmative Action,
- Health Law,
- Constitutional Law
Available at: http://works.bepress.com/ruth_hackford-peer/1/