How Colorblindness Distorts American Democracy

Professor Atiba Ellis, Professor of Law, Case Western Reserve University School of Law

Modern conceptions of colorblindness appear to be at odds with the remedial race-conscious legislation and judicial doctrines designed for inclusiveness in American democracy. These conflicts include the recent Supreme Court lawsuits about the validity and scope of the Voting Rights Act of 1965, the evolution and application of the racial gerrymandering doctrine, and controversies over the application of constitutional doctrines for race-conscious democracy enhancement. This talk will examine the parameters of this ideological conflict between colorblindness and race-consciousness as frames for advancing or distorting democracy and the risks posed by absolutist colorblindness in an increasingly diverse American democratic polity. 

This program was approved for 1.0 continuing legal education credit in Nebraska.