Document Type


Publication Date

January 2006

First Page



INTRODUCTION The recent concurrence of Justice Ginsburg in Grutter v. Bollinger, and her dissent in Gratz v. Bollinger, cogently explore what W.E. DuBois termed problems of the "color line". The ongoing consequences of racism in America reveal a complicated racial caste stem, the medico-legal consequences of which merit exploration. Following in the footsteps of other great jurists, Justice Ginsburg situates the challenges facing persons of color in the context of American history and connects the racialized dots to recognize the ongoing effects of racism. Together with the majority opinion in Grutter, Justice Ginsburg acknowledges that race still matters in America. Segregation persists, both educational and residential. Further, indicia of socio-economic status (SES), together with employment and health status, reveal continuing disparities along racial lines The reality of disparate physical and mental health care, which racism, the legacy of slavery, racist ideology, racial imagery and racism in everyday practices).