Not settled law: race, civil rights, and social policy in a “Color Blind” society

Abstract

The emergence of the civil rights policy regime during the 1960s in the U.S. formalized the transition from the pre–civil rights era to the civil rights era. As we see in this paper, the subsequent post–civil rights era has been shaped by increasing challenges against principles of civil rights law, chiefly by political conservatives. Indeed, opponents have had significant success in undermining key parts of the civil rights policy regime. Conservatives and others have sought to usher in an era of “color-blind” policy. Basic civil and political rights were thought by most to be questions of “settled law” in the aftermath of the relatively successful civil rights movement. However, “color blind” political opposition has challenged this assumption. Ironically, this means that there is a yet unsuccessful battle to cement foundational civil and political rights in the United States. Following Marshall, this further deters the development of more egalitarian social rights.