Judges and the Judging of Mixed-Race Racial Identity Discrimination Claims

A growing number of commentators view discrimination against multiracial (racially-mixed) people as a distinctive challenge to racial equality. This perspective is based on the belief that multiracial-identified persons experience racial discrimination in a manner that judges steeped in historic black-white notions of racism cannot comprehend. I dispute that premise and deconstruct its Personal Identity Equality approach to anti-discrimination law and demonstrates its ill effects reflected in Supreme Court affirmative action litigation.