At the heart of "The Color of Law", Rothstein contends that racial segregation in the United States was primarily de jure, meaning it was enforced by explicit government policies and laws at the federal, state, and local levels, as opposed to de facto (natural, private, accidental, free-market determined). He meticulously documents how various government actions—ranging from housing policies, zoning laws, and urban renewal projects to discriminatory lending practices—were intentionally designed to segregate African Americans from white populations. This systemic, legally sanctioned segregation, according to Rothstein, laid the foundation for enduring racial disparities in wealth, education, and social opportunities.

The book's major strengths lie in its thorough research and compelling evidence, which convincingly argue that segregation was not an accidental or purely social phenomenon but a deliberate, legally sanctioned one. Rothstein effectively shifts the narrative from viewing segregation as a result of individual prejudices to recognizing the significant role of institutional policies. While Rothstein's data robustly supports his thesis, some could argue that the book does not fully account for other factors that may have influenced racial disparities, such as economic changes or private choices amidst restrictive policies, nor for some of the programs that have been introduced to attempt to right these wrongs.

One area where Rothstein's argument feels a bit inconsistent is his discussion on what constitutes an "integrated" neighborhood. In the appendix, he mentions that African Americans typically view a neighborhood as integrated if it has 20% or more Black residents, while white residents often consider it integrated at just 10%. This discrepancy leads to a tricky situation: when the Black population in a neighborhood exceeds the 10% threshold perceived by white residents, it often triggers white flight, causing the community to become overwhelmingly African American.

This phenomenon highlights the interplay between de jure and de facto segregation. Even with the removal of explicit segregationist policies (de jure), social dynamics (de facto) like white flight can sustain and even exacerbate segregation. It suggests that simply dismantling legal barriers isn't enough to achieve true integration, as underlying social attitudes and economic factors continue to influence neighborhood compositions. This inconsistency adds a layer of complexity to Rothstein's argument, indicating that addressing segregation requires more than just policy changes—it also involves tackling deeply ingrained social perceptions and economic incentives that drive de facto segregation.

Also, it wasn’t always clear to me from Rothstein’s account what was de jure vs. de facto segregation, or that he wasn’t blurring the lines a bit. So, while he rightly focuses on government-enforced segregation, it feels like he doesn't always clearly separate how de facto elements—like economic conditions and personal decisions—play into sustaining segregation alongside de jure policies. This overlap can make it hard to pinpoint just how much of segregation was directly caused by government actions versus other factors like corporate interests, private capital, or free-market choices, potentially oversimplifying the complex reality of racial segregation.

Overall though, my main gripe with the book comes in the later chapters where Rothstein talks about fixing these historical wrongs. He suggests solutions like reparations through targeted housing programs, financial compensation, and investments in Black communities to tackle the ongoing economic and social inequalities rooted in past injustices. But some of these ideas might come off as overly optimistic and tough to pull off in today's political climate. Reparations, in particular, are still a hotly debated topic.

Take scholars like Thomas Sowell (who is African American himself) for example. He argues that reparations are impractical and ethically tricky. Sowell questions whether it's even possible to implement such measures and worries about holding today's generations responsible for past injustices. He thinks it's better to focus on current solutions, like improving education and creating more economic opportunities, instead of handing out financial compensation.

Glenn Loury shares a similar skepticism. He suggests that universal policies tackling broader socio-economic issues would be fairer and less likely to cause division than targeted reparations. Loury has been quite outspoken about this, drawing comparisons between the struggles of recent immigrants and those of Black Americans:

Some 30 million immigrants, mostly of non-European origins, have arrived on our shores since the height of the civil rights movement. These new Americans and their children have a claim to the national narrative no less surely than do blacks. It is their country, too. Of course, new citizens of this republic are obligated like the rest of us to shoulder their share of national responsibilities, including the discharge of any debt the country has incurred as a result of historical wrongs. But, a racial reform movement built around the theme of paying reparations to blacks is unlikely to engage these newcomers, making the construction of political coalitions in support of progressive public policies that are essential for black flourishing less likely to occur.

and:

True, some blacks are falling behind, but most of the recent immigrants are not of European origins either, and they are doing pretty well by and large. So as far as racial justice is concerned, America is okay. Now, is that simply racism? Yes and no, I would say. Yes, it is racism, but by no means is it simply racism. How, the question becomes, will it be contested? What will the argument be? “Don’t compare blacks to immigrants?” Frankly, my view is that analysts ought to be wary of such comparisons, but I do not see how they can be avoided.

The Color of Law is an important contribution to the conversation about racial segregation and systemic inequality in America. Rothstein's detailed exploration of government policies offers a studied perspective on how deeply entrenched these issues are. At the same time, we need to be reminded that finding effective and fair solutions requires careful consideration of practicality, ethics, and the diverse needs of affected communities.

Recommended.

Addendum: for a different take on the solutions advanced by the author, see the conversation below by Loury and Neely (fast-forward to 45:30): https://www.youtube.com/watch?v=HVVrUwsHMu4