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Americans are afflicted with a “collective amnesia” that surrounds the subject of segregation, complacently assured that it was, if anything, a “minor factor” in the striking wealth gap that today divides white from black Americans. In his book The Color of Law, the Economic Policy Institute’s Richard Rothstein argues that not only have Americans forgotten the true legacy of segregation, they have also forgotten its principal cause. Rothstein contends that the polite, embarrassedly euphemistic story we find in the mainstream’s politics of respectability has ignored or underplayed important facts. “Most segregation,” he states in the book’s introduction, “does fall into the category of open and explicit government-sponsored segregation.”
To undergird his claims, Rothstein adduces an impressive body of evidence, surveying a range of government policies and court decisions that he says show the government’s official “imposition of racial segregation,” both forceful and purposeful. His thesis, then, runs quite contrary to the comfortable notion that segregation in the United States is ...