Post-Racial Constitutionalism and the Roberts Court
Rhetorical Neutrality and the Perpetuation of Inequality

This book examines and critiques how the United States Supreme Court under the leadership of Chief Justice John Roberts perpetuates structural inequality.

Cedric Merlin Powell (Author)

9781108813860, Cambridge University Press

Paperback / softback, published 12 October 2023

252 pages
22.8 x 15.2 x 1.3 cm, 0.37 kg

'Powell's work is powerful for laying a historical foundation and using examples to show how that foundation has impacted jurisprudential thought. Post-Racial Constitutionalism and the Roberts Court is recommended for all readers interested in criminology, law, sociology, criminal justice, and history. Researchers can quickly see that there simply is not another book quite like this, making Powell's work groundbreaking. … Highly recommended.' A. R. S. Lorenz, Choice

Post-Racial Constitutionalism and the Roberts Court: Rhetorical Neutrality and the Perpetuation of Inequality provides the first comprehensive Critical Race Theory critique of the United States Supreme Court under Chief Justice John Roberts. Since being named to the Court in 2005, Chief Justice Roberts has maintained a position of neutrality in his opinions on race. By dissecting neutrality and how it functions as a unifying feature in all the Court's race jurisprudence, this book illustrates the consequences of this ostensible impartiality. By examining the Court's racial jurisprudence dating back to the Reconstruction, the book shows how the Court has actively rationalized systemic oppression through neutral rhetoric and the elevation of process-based decisional values, which are rooted in democratic myths of inclusivity and openness. Timely and trenchant, the book illustrates the permanence of racism and how neutrality must be rejected to achieve true empowerment and substantive equality.

1. Rhetorical neutrality and post-racial historicism
2. The Burger and Rehnquist Courts: transitional equality and post-racial colorblindness
3. The Roberts Court and post-racial constitutionalism
4. Post-racial process discourse: Schuette v. Coalition to Defend Affirmative Action
5. Fisher II: Post-racial process values and the diversity myth
6. Ricci v. DeStefano: Post-racial neutrality, opportunity, and results
7. Texas Department of Housing Affairs v. The Inclusive Communities Project, Inc.: disparate impact and post-racialism
8. Voting rights: contrived federalism and the problem of second-generation discrimination
Conclusion.

Subject Areas: Human rights & civil liberties law [LNDC], Public international law [LBB], Legal ethics & professional conduct [LATC], Politics & government [JP], History of ideas [JFCX], Ethics & moral philosophy [HPQ]