Richard Rothstein
In 1866, Congress passed a Civil Rights Act outlawing burdens on freed slaves not also imposed on free whites, reasoning that racial discrimination—both public and private—undermined effective emancipation. However, subsequent Supreme Court jurisprudence did not honor or uphold this law and its progeny. Had it done so, the hard-fought promise of equality would not have been broken, the America we know today would not be so racially segregated, and the “badges and incidents” of slavery could have been timely eliminated. The racial segregation of America’s neighborhoods is not, as was long thought, merely the result of private activities such as unethical mortgage lending and the use of racially restrictive covenants. Continue reading