Antiracism in Action

25 Pages Posted: 1 Apr 2022

See all articles by Brandon Hasbrouck

Brandon Hasbrouck

Washington and Lee University - School of Law

Daniel Harawa

New York University School of Law

Date Written: July 2021


Racism pervades the criminal legal system, influencing everything from who police stop and search, to who prosecutors charge, to what punishments courts apply. The Supreme Court’s fixation on colorblind application of the Constitution gives judges license to disregard the role race plays in the criminal legal system, and all too often, they do. Yet Chief Judge Roger L. Gregory challenges the facially race-neutral reasoning of criminal justice actors, often applying ostensibly colorblind scrutiny to achieve a color-conscious jurisprudence. Nor is he afraid of engaging directly in a frank discussion of the racial realities of America, rebuking those within the system who would treat Blackness as synonymous with crime. Judge Gregory’s jurisprudence can—and frequently does—serve as a model for judges in other circuits who are working to enact the vision of a color-conscious Constitution.

Keywords: Civil Rights and Discrimination, Constitutional Law, Criminal Law, Criminal Procedure, Fourth Amendment, Judges, Law and Law and Race, Chief Judge Roger L. Gregory

Suggested Citation

Hasbrouck, Brandon and Harawa, Daniel, Antiracism in Action (July 2021). Washington and Lee Law Review, Vol. 78, No. 3, 2021, Available at SSRN:

Brandon Hasbrouck (Contact Author)

Washington and Lee University - School of Law ( email )

Lexington, VA 24450
United States

Daniel Harawa

New York University School of Law ( email )

United States

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