† Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.
In the Long Shadow…
by nancy a heitzeg
This is a version of a piece that will appear soon in the Hamline Journal of Public Law and Policy. It will be featured in an issue devoted to a discussion of the impact, 50 years later, of the Civil Rights Act of 1964. At a related conference last Spring, there was some celebration with regard to how far we had ostensibly come and the alleged “successes” of the law. But how can we say so in the short shadow of Ferguson/Everywhere, under still the long shadow of slavery, called by any of its’ newer names?
And so, here this is – in the aftermath of the expected non-indictment, on the eve of that thankful celebration of settler colonialism – a look at the legal contours that still shape the terrain. And perhaps, a thought of what is required then for change.
ON THE OCCASION OF THE 50TH ANNIVERSARY OF THE CIVIL RIGHTS ACT OF 1964: PERSISTENT WHITE SUPREMACY, RELENTLESS ANTI-BLACKNESS, AND THE LIMITS OF THE LAW 
PART I INTRODUCTION
White supremacy – once writ large in the law via slavery and Jim Crow segregation – was removed from its’ legalized pedestal with the Civil Rights Act of 1964, The Voting Rights Act of 1965 and finally, The Fair Housing Act of 1968. The law became “race-neutral” and it now suddenly was illegal to discriminate on the basis on race – in housing, employment, public accommodations and access to the franchise. It was hoped that this legislation would finally bring to fruition the long overdue promise of the Civil War Amendments, long subverted via both legislation and judicial interpretation.
These strokes of the pen, of course, could not remove bigotry long steeped in racist archetypes; nor could this legislation remove the structural barriers of nearly 400 years of white racial preference and cumulative advantage in the accumulation of wealth and property, access to education and housing, health and well-being, and all matter of social opportunities. Racism, as both white supremacist/anti-Black  ideology and institutionalized arrangement, remains merely transformed with its’ systemic foundations intact. Segregation in housing and education persists at levels beyond that noted in Brown v. Board of Education, racial wealth gaps grow, and racial disparities in criminal injustice proliferate at a pace that has led to the label “The New Jim Crow”. 
In tragic irony, the Civil Rights Act’s requirement of race-neutrality has perhaps ushered in an era of more insidious de facto discrimination, that is now denied through “:color-blind” rhetoric. A large body of research documents the paradigmatic shift from overt essentialist racism to color-blindness. This style of racism relies heavily on ideological frames and linguistic shifts which allow whites to assert they “do not see race”, deny structural racism, claim a level playing field that in fact now victimizes them with “reverse discrimination” and appeals to the “race card”, and argue that any discussion of race/racism is on fact racist and only serves to foment divisions rather than reflect/redress societal realities. “Color-blind racism” also creates a set of code terms that implicitly indict people of color without ever mentioning race.
In the Post -Civil Rights Era, the color-blind paradigm has become deeply ensconced in law and politics. Continued movement towards “race-neutrality” is the hallmark of a series of Supreme Court decisions that deny the role of institutionalized racism and increasingly limit the role of race in constitutional remedies for inequality in matters of affirmative action and educational access, voting rights, and all matters of criminal injustice. Criminal justice – as it did post- Reconstruction – continues to play a central role in the continued subjugation of Blacks in particular and will serve as the central example of both past and current patterns of discrimination.
On the occasion of the 50th Anniversary of the passage of the Civil Rights Act, questions again must be raised about its’ ultimate impact on racial justice. While this legislation made a substantial contribution to effectively dislodging white supremacy from overt expression in the law, the call instead to race-neutrality left anti-blackness unchallenged. The result, buttressed by judicial interpretations that further limit the consideration of race and the proliferation of color-blind rhetoric throughout popular and political discourse, has resulted in a situation of continued subjugation, particularly through the criminal justice system. One must ask – given Constitutional history, Supreme Court rulings that grind at a snail’s pace from the legitimation of slavery and exclusion to segregation to no consideration, and legislative lethargy – what are the pathways towards racial redress and equal protection of the law?