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As the legal historian Richard Epstein memorably put it, the “ink was scarcely dry on the Civil Rights Act of 1964,” which forbade the government as well as employers from taking race into account for any reason, when policies of racial discrimination began proliferating throughout the public and private sectors. In the historical blink of an eye, colorblindness transformed from an idea whose time had finally come into a symptom of moral backwardness—from a noble principle responsible for beating slavery and Jim Crow into a marker of evil. In the half century since the victories of the civil rights movement, some of America’s most celebrated scholars have been hard at work writing a false history of colorblindness. In their view, colorblindness was not the motivating principle behind the anti-racist activism of the nineteenth and twentieth centuries but was instead an idea created by white racists, conservatives, and reactionaries. Kimberlé Crenshaw, for instance, has criticized the “color-blind view of civil rights” that she alleges “developed in the neoconservative ‘think tanks’ during the seventies.” George Lipsitz, a black-studies professor at the University of California, writes that colorblindness is part of a “long-standing historical whiteness protection program” associated with “Indigenous dispossession, colonial conquest, slavery, segregation, and immigrant exclusion.” According to these scholars, there is no contradiction to reconcile: colorblindness had nothing to do with abolition or the civil rights movement to begin with; colorblindness has instead always been a Trojan horse for white supremacy.
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