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The ‘Colorblindness’ Trap: How a Civil Rights Ideal Got Hijacked

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The ‘Colorblindness’ Trap: How a Civil Rights Ideal Got Hijacked

The fall of affirmative action is part of a 50-year campaign to roll back racial progress.

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By Nikole Hannah-Jones

Nikole Hannah-Jones is a staff writer at the magazine and is the creator of The 1619 Project. She also teaches race and journalism at Howard University.

March 13, 2024Updated 9:26 a.m. ET

Nikole Hannah-Jones is a staff writer at the magazine and is the creator of The 1619 Project. She also teaches race and journalism at Howard University.


Anthony K. Wutoh, the provost of Howard University, was sitting at his desk last July when his phone rang. It was the new dean of the College of Medicine, and she was worried. She had received a letter from a conservative law group called the Liberty Justice Center. The letter warned that in the wake of the Supreme Court’s decision striking down affirmative action in college admissions, the school “must cease” any practices or policies that included a “racial component” and said it was notifying medical schools across the country that they must eliminate “racial discrimination” in their admissions. If Howard refused to comply, the letter threatened, the organization would sue.

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Wutoh told the dean to send him the letter and not to respond until she heard back from him. Hanging up, he sat there for a moment, still. Then he picked up the phone and called the university’s counsel: This could be a problem.

Like most university officials, Wutoh was not shocked in June when the most conservative Supreme Court in nearly a century cut affirmative action’s final thin thread. In Students for Fair Admissions v. Harvard, the court invalidated race-conscious admissions programs at Harvard and the University of North Carolina at Chapel Hill. Universities across the nation had been preparing for the ruling, trying both to assess potential liabilities and determine the best response.

But Howard is no ordinary university. Chartered by the federal government two years after the Civil War, Howard is one of about 100 historically Black colleges and universities, known as H.B.C.U.s. H.B.C.U. is an official government designation for institutions of higher learning founded mostly in the South during the time of slavery and continuing through the end of legal apartheid in the 1960s. H.B.C.U.s were charged with educating the formerly enslaved and their descendants, who for most of this nation’s history were excluded from nearly all of its public and private colleges.

Though Howard has been open to students of all races since its founding in 1867, nearly all of its students have been Black. And so after the affirmative-action ruling, while elite, predominantly white universities fretted about how to keep their Black enrollments from shrinking, Howard (where I am a professor) and other H.B.C.U.s were planning for a potential influx of students who either could no longer get into these mostly white colleges or no longer wanted to try.

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