The Color of Law

by Harry on May 31, 2017

I just finished Richard Rothstein’s brilliant — and far from uplifting — book The Color of Law. It’s been getting a lot of favorable press, and rightly so.

The book accepts (for the sake of argument, maybe — Rothstein is always parsimonious in his arguments) the principle that Chief Justice Roberts puts forward when he says that if residential segregation ‘is a product not of state action but of private choices, it does not have constitutional implications’. It is devoted to showing that, contrary to the prevailing myth that residential segregation (between whites and African Americans) is a product of a private choices it is, in fact, a product of government policies, all the way from the Federal level to the most local level, and this is true in the North as well as the South. Housing segregation in the US is de jure, not de facto. And… it shows just that. He makes his case in careful, meticulous detail, but in unfussy and inviting prose, packed with illuminating stories that illustrate the central claims.

Here are some of the basic mechanisms through which government in some cases reinforced and in other created housing segregation:

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I’ve been thinking about this Gideon Rachman piece over the last 24 hours:

despite her cautious phrasing, Ms Merkel has also behaved irresponsibly — making a statement that threatens to widen a dangerous rift in the Atlantic alliance into a permanent breach. … it is a mistake to allow four months of the Trump presidency to throw into doubt a Transatlantic alliance that has kept the peace in Europe for 70 years …Ms Merkel was unwise and unfair to bracket the UK with Trump’s America. In the climate change discussions, Britain sided with the EU — not the US. … if Ms Merkel’s government pursues the Brexit negotiations in the current confrontational spirit — demanding that the UK commit to vast upfront payments, before even discussing a trade deal — she risks creating a self-fulfilling prophecy and a lasting antagonism between Britain and the EU. It is hard to see how the UK can be expected to see the same countries as adversaries in the Brexit negotiations and allies in the Nato context. So a really hard Brexit could indeed raise questions about Britain’s commitment to Nato — particularly if the US is also pulling back from the western alliance.

Not so much the broader argument (which I disagree with, but in obvious ways) than what the specifics say about the current state of Financial Times liberalism. [click to continue…]