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Publication Title

Rutgers Race and Law Review

Journal Abbreviation

Rutgers Race & L. Rev.


Change and permanence can coexist. Witness the arc of racism in America as it evolves from overt to covert manifestations even as it remains a permanent feature of the American landscape. America is now in the age of covert racism. Such surreptitious racism is difficult, but not impossible, to discern. Its ubiety can be apprehended at the individual, institutional, and systemic levels in society. The pervasiveness of covert racism requires affirmative action to continue. The Roberts Court, though, is an obstacle because of its insouciance toward enduring racism and hostility to affirmative action. The Roberts Court should move beyond its obstructionist role by seeing clearly the reality of enduring racism and allowing affirmative action to counter enduring racism.

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