Skip to content
A Member of the Law Professor Blogs Network

Who’s Afraid of Critical Race Theory? James R. Rogers

Critical Race Theory (CRT) seems to have morphed into something of a Rorschach inkblot test, with fears and aspirations being as much read into it as out of it. Even though CRT has many variants even among its proponents, CRT s historical starting point as a distinctive academic movement, as well as its continuing motivation, derives from positing a relatively clear, parsimonious theory to explain a pressing intellectual and policy puzzle regarding the modern African American experience in the United States. The puzzle is this: Why do significant racial disparities continue in the United States? CRT posits a straightforward theory to explain the continuation of significant racial disparities in the United States: Racial disparities continue in the United States because, despite the Civil Rights policies and social programs of the 1960s, racism continues in the United States. To make the theory work, however, Critical Race Theorists had to broaden the concept of racism. That definitional move is where much of the contestation comes in.

 As a theory posited to explain observed phenomena, CRT can be tested and contested to determine just how well it accounts for the phenomena it seeks to explain. The irony is that doubling down on practices and policies aimed at making colorblind decisions, that is, decisions without respect to race and CRT rejects the possibility, let alone the efficacy of colorblind policies remains the best means to solve continuing racial disparities that distress not only Critical Race Theorists, but most Americans on the Right as well as the Left.

via lawliberty.org