Audible logo, go to homepage
Audible main site link

The Color of Law by Richard Rothstein

The Color of Law by Richard Rothstein

Summary

Richard Rothstein's groundbreaking book The Color of Law exposes the hidden history of racial segregation in America. Published in 2017, this meticulously researched work challenges the notion that housing discrimination was simply the result of individual prejudices. Instead, Rothstein reveals how federal, state, and local governments systematically imposed residential segregation through deliberate policies and laws.

Drawing on extensive historical evidence, Rothstein demonstrates how practices like racially explicit zoning, public housing segregation, and discriminatory lending policies created and reinforced the racial divides we see in cities across the nation today. The book provides eye-opening examples of government-sanctioned discrimination from the 1920s through the 1960s, including federal housing subsidies that explicitly excluded African Americans.

The Color of Law has received widespread critical acclaim and numerous accolades. It was a finalist for the National Book Award, named one of the best books of 2017 by NPR and Publishers Weekly, and spent over 30 weeks on the New York Times bestseller list. Rothstein's work has been praised for its rigorous scholarship and for bringing to light this crucial but often overlooked chapter of American history.


Plot

In The Color of Law, Richard Rothstein examines how government policies at the local, state, and federal levels actively promoted racial segregation in American cities throughout the 20th century. The book begins by exploring how this process of de jure segregation started in the 1920s with explicit racial zoning as millions of African Americans migrated from the South to Northern cities.

Rothstein details how New Deal-era public housing programs systematically excluded Black residents and demolished integrated neighborhoods. He reveals that the post-World War II suburban boom was fueled by federal subsidies to builders on the condition that homes not be sold to African Americans. The author also describes how police and prosecutors enforced these discriminatory housing patterns by supporting violent resistance to Black families moving into white neighborhoods.

The book goes on to examine other government actions that entrenched segregation, including racial covenants in property deeds, redlining practices by banks, and urban renewal projects that displaced minority communities. Rothstein argues that supposedly “race-neutral” policies like single-family zoning also had the effect of maintaining racial divisions in housing.

While the 1968 Fair Housing Act prohibited future housing discrimination, Rothstein shows it did little to undo existing segregated residential patterns. He concludes by linking this history of government-sponsored segregation to ongoing racial disparities and tensions in American cities today. The book makes the case that because this segregation was created through deliberate government policies, there is a constitutional obligation to remedy it.


Themes

  • Government-enforced racial segregation in housing

  • Myth of de facto segregation vs reality of de jure segregation

  • Role of federal, state and local policies in promoting segregation

  • Long-term economic and social consequences of segregation

  • Discrimination in public housing and mortgage lending

  • Violent enforcement of neighborhood segregation

  • Need for remedies to address unconstitutional past policies


Setting

The Color of Law examines the history of racial segregation in American housing from the 1920s through the late 20th century. The book focuses on how government policies at the federal, state, and local levels systematically promoted and enforced residential segregation across the United States during this period.

While the book covers nationwide policies and their impacts, it pays particular attention to major urban areas that saw large influxes of African American residents during the Great Migration from the South, such as Chicago, Detroit, and Northern California cities. Rothstein explores how explicit racial zoning, public housing projects, and discriminatory lending practices shaped the racial makeup of neighborhoods in these metropolitan regions.

The narrative spans several pivotal eras in 20th century American history, including the Great Depression, World War II, and the postwar suburban boom. Rothstein traces how housing policies evolved but continued to perpetuate segregation even after explicit racial discrimination became illegal, with effects lasting well into recent decades. By examining this long historical arc, the book aims to reveal the deep roots of contemporary patterns of racial segregation in American cities and suburbs.


Key Figures

  • Richard Rothstein: The author of the book and main narrator. Rothstein is a research associate at the Economic Policy Institute and a leading authority on housing policy. He presents extensive research and evidence to make the case that racial segregation in America was largely the result of explicit government policies.

  • African American homebuyers/renters: While not individual characters, African American families seeking housing are a central focus of the book. Rothstein describes how they were systematically discriminated against and excluded from many neighborhoods through various government policies and programs over decades.

  • Government officials/policymakers: Various unnamed local, state and federal government officials who created and enforced discriminatory housing policies are referenced throughout the book. Their actions promoted racial segregation through zoning laws, public housing projects, mortgage lending practices, etc.

  • Franklin D. Roosevelt: The 32nd U.S. President is mentioned for overseeing New Deal housing programs that explicitly segregated public housing projects. His administration supported discriminatory practices that excluded African Americans from many federally-backed housing opportunities.

  • Jane Jacobs: An influential writer on urban planning cited by Rothstein. Her work highlighted how poor urban planning in the 1950s contributed to creating impoverished neighborhoods.


Quick facts

  • The book was published in 2017 by Liveright Publishing, an imprint of W. W. Norton & Company.

  • It spent 32 weeks on The New York Times Best Seller list for non-fiction paperbacks.

  • The book won the 2018 Hillman Prize for Book Journalism.

  • It was named one of NPR's Best Books of 2017 and one of Bill Gates' favorite books of that year.

  • The audiobook version is narrated by Adam Grupper.

  • Rothstein wrote the book while serving as a research associate at the Economic Policy Institute.

  • The book argues that housing segregation in America was primarily caused by explicit government policies, not just individual choices.

  • It covers topics like racial zoning, public housing policies, and government-backed racial covenants in housing deeds.

  • The title refers to the legal concept of “color of law” - when government officials act with apparent legal authority.

  • The book experienced renewed popularity in 2020 during increased national focus on racial injustice.


About the Author

Richard Rothstein is a distinguished American historian and author, known for his groundbreaking research on education and housing policy in the United States. He is affiliated with prestigious institutions such as the Economic Policy Institute and the Thurgood Marshall Institute of the NAACP Legal Defense Fund. Rothstein's work primarily focuses on the historical roots of segregation in America, particularly in education and housing sectors.

From 1999 to 2002, Rothstein served as the national education columnist for The New York Times, establishing himself as a prominent voice in educational discourse. He has held several academic positions, including a senior fellowship at the Chief Justice Earl Warren Institute on Law and Social Policy at the University of California, Berkeley law school. His expertise and insights have made him a respected figure in academic and policy circles.

Rothstein's most notable work, The Color of Law: A Forgotten History of How Our Government Segregated America, published in 2017, has been widely acclaimed. This seminal book challenges the prevailing notion that housing segregation primarily results from private racism and individual choices. Instead, Rothstein argues that racial housing segregation is a direct consequence of government policies at federal, state, and local levels. The book has been praised for its comprehensive historical analysis and has been described as “essential” reading on the subject.

Throughout his career, Rothstein has authored numerous influential books and articles on education, housing, and social policy. His bibliography includes works such as Class and Schools (2004) and Grading Education: Getting Accountability Right (2008). Rothstein continues to contribute to public discourse on these critical issues, with his latest book, Just Action: How to Challenge Segregation Enacted Under the Color of Law, co-authored with Leah Rothstein, released in 2023. His ongoing research and publications continue to shape our understanding of systemic inequalities in American society.

Tags