IRVINE, Calif. (June 29, 2023) — University of California, Irvine School of Law Professor Mehrsa Baradaran’s book, “The Color of Money: Black Banks and the Racial Wealth Gap” (Harvard University Press, 2017), was cited 15 times in Justice Ketanji Brown Jackson’s dissent in the U.S. Supreme Court case, Students for Fair Admissions Inc. v. President & Fellows of Harvard College, 600 U.S. __ (2023), issued June 29, 2023.
The 6-3 ruling held that the admissions programs used by the University of North Carolina and Harvard College violate the Constitution’s equal protection clause, which bars racial discrimination by government entities. Chief Justice John G. Roberts Jr. authored the majority opinion. The decision was accompanied by three concurring opinions and two dissenting ones, including one by Justice Ketanji Brown Jackson, joined by Justices Sotomayor and Kagan.
In her dissenting opinion, Justice Jackson references the Civil Rights Cases of 1883 and Justice John Marshall Harlan’s dissent to underscore the historical context and systemic hurdles faced by Black Americans. Citing Professor Baradaran’s book, Justice Jackson explained the decision to invalidate the Civil Rights Act of 1875 had tangible repercussions, as former slaves struggled to amass wealth due to discriminatory practices. Land ownership restrictions, sharecropping arrangements and laws criminalizing Black individuals perpetuated economic exploitation. Additional race-based obstacles — such as vagrancy laws and state-sanctioned violence enforcing segregation — and government policies like the HOLC, FHA, and Federal Home Loan Bank Board further excluded Black Americans from economic benefits and hindered wealth accumulation.
Citing Professor Baradaran’s book, Justice Jackson argues that the existing racial gaps in wealth and opportunity were not due to a lack of desire or ability on the part of Black Americans but were a result of persistent and deliberate denial of equal treatment and opportunities. She suggests that historical injustices and systemic barriers continue to affect Black Americans today, even in seemingly race-neutral policies.
Published by the Harvard University Press, The Color of Money: Black Banks and the Racial Wealth Gap was awarded the Best Book of the Year by the Urban Affairs Association and the PROSE Award Honorable Mention in the Business, Finance & Management category. Professor Baradaran was also selected as a finalist at the 2018 Georgia Author of the Year Awards for the book in the category of history/biography.
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