Racialization 234 process

An NIH policy that set aside a percentage of federal research grants for African American applicants, or which gave them extra points in the evaluation process, would also be constitutionally dubious. The use of racial preferences in public contracting, employment, and professional school admissions have now been severely limited (Richmond v. J.A. Croson Co., 1988 Adarand Constructors, Inc. v. Pena, 1995). It would be very difficult to show that these preferences were necessary to achieve a legitimate health purpose that could not be equally well achieved by nonracial means. The race of a researcher or medical school applicant is no indicator that his research or practice will address minority health concerns, much less improve them. 

On the one hand, back when he was working in the personnel office, no proof, no documents, no words could have changed the shape of a face that he himself suspected, and hence he now understands as well as anyone the power of racial suspicions to generate their own racial Objects. And yet, on the other hand, even as he is beginning to recognize the process by which racial Jews are created, he still does not recognize the Jewish race as a creation of that process. Rather, Jews are products of an alien and dirty history. 58... 

A. Leon Higginbotham, Jr., Shades of Freedom Racial Politics and the Presumptions of the American Legal Process (New York Oxford, 1996), p. 71. 

Harvard Sitkoff, A New Deal for Blacks The Emergence of Civil Rights as a National Issue (New York Oxford, 1978) remains the best exemplar of a counter narrative. On the disposition of the courts on the road to Brown, see A. Leon Higginbotham, Jr., Shades of Freedom Racial Politics and the Presumptions of the American Legal Process (New York Oxford, 1996), pp. 152-168. 

White Man s Law The Past and Present Status of the American Indian [1971] (Norman University of Oklahoma Press, 1994) Benjamin Ringer, We the People and Others Duality and America s Treatment of Its Racial Minorities (New York Tavistock, 1983) Mary Frances Berry, Black Resistance I White Law A History of Constitutional Racism [1971] (New York Penguin, 1994) Charles Lofgren, The Plessy Case A Legal-Historical Interpretation (New York Oxford, 1987) A. Leon Higginbotham, Jr., In the Matter of Color Race and the American Legal Process The Colonial Period (New York Oxford, 1978). 

National surveys have consistently shown growing support by whites for integration. In 1942, only 30% of white respondents supported school integration in 1970, the figure was 74% and by 1991, 93% of white respondents expressed support. History has shown that just as changes in attitude can mobilize public support to rectify racial inequality, the process can also work in the opposite direction. Consider, for example, the case of affirmative action nationwide surveys conducted in the mid-1990s showed increasing resistance by whites (Schaefer, 2000). 

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