Separate and Unequal: The Institutional Racism of the Supreme Court

Abstract

Brown v. Board of Education was widely viewed as ushering in a new perspective on the part of the Supreme Court about racial issues. Prior to Brown, the most significant Supreme Court cases addressing race were overtly racist and white supremacist, upholding state actions that explicitly favored whites and oppressed ethnic minorities. While the Court’s approach after Brown has been less overt, I shall argue that its decisions have contributed to an institutionalized racism whose effect is to maintain the black community as a whole as well as other people of color in a subordinate position in the society. After laying out the argument, I shall offer some thoughts on what is needed now to revitalize the struggle for racial justice.

Keywords: Supreme Court, institutional racism