ABSTRACT

The selection by Patricia Williams represents an approach to constitutional interpretation known as critical race theory. Some critics of critical race theory have taken issue with what they believe to be one of its assumptions, namely that there is a distinct, shared "voice of color". Race-neutrality in law was the presumed antidote for race bias in real life. With entrenchment of notion of race-neutrality came attacks on the concept of affirmative action and rise of reverse discrimination suits. The city of Richmond, Virginia, with a black population of just over 50", set a 30" goal in the awarding of city construction contracts, based on its findings that local, state and national patterns of discrimination had resulted in all but complete lack of access for minority-owned businesses. To accept Richmond's claim that past societal discrimination alone can serve as the basis for rigid racial preferences would be to open the door to competing claims for "remedial relief" for every disadvantaged group.