Education Is Elevation is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. The same Supreme Court that said racial profiling is okay when it comes to immigration is the same Supreme Court that said you better not use race when it comes to congressional maps. Name something more insidious. Name one thing in the modern legal landscape that exposes the architecture of pale supremacy more cleanly than that. I’ll wait. Because here’s the thing kinfolks, this ain’t a contradiction. A contradiction is when two things accidentally don’t line up. This is a strategy. This is racial illiteracy weaponized at the highest court in the country, and the only way you don’t see it is if you ain’t been trained to see it, or worse, you been trained to look away. Let me lay it out plain so the folks in the back can hear me. In 2023, the Supreme Court gutted affirmative action in Students for Fair Admissions v. Harvard, telling Black, Brown, and Indigenous students that race could no longer be considered in college admissions because, supposedly, the Constitution is color-blind. That same court, two years later, in cases dealing with Section 2 of the Voting Rights Act and now Louisiana v. Callais, has been busy gutting the ability of states to draw majority-Black congressional districts, again leaning on the language of color-blindness. Then turn around, that same bench gives federal immigration agents the green light to use race and ethnicity as a factor in stopping, questioning, and detaining people who look, sound, or are presumed to be Latino, Indigenous, or otherwise non-white. Crazy how that works, right? The Two-Roles Frame: What They Say vs. What Their Position Structurally Does iMa bE the first one to tell you, the Supreme Court will say with a straight face that they are simply applying neutral principles of constitutional interpretation. That’s the stage rhetoric. That’s the press release. But Wilderson talks about how antiblackness operates through gratuitous violence and fungibility, where the Black body is rendered both hyper-visible when targeted and invisible when seeking protection. Apply that here. Apply Mills 1997 on the racial contract. The court isn’t being inconsistent. The court is being perfectly consistent with the actual function of American jurisprudence, which is to preserve a racial hierarchy while denying that any such hierarchy exists. Two things can be true. The Supreme Court can claim to be color-blind. And the Supreme Court can be the most racially literate institution in the country when it comes to maintaining white power. This means the conservative legal movement is wrong when they tell us this is about principle. It also proves that having the luxury to call yourself color-blind is itself a position. Claimed neutrality is a position. A loud one. By doing color-blindness in front of cameras, you are making whiteness visible to anybody who knows how to read. Historical Context: This Ain’t New, This Is the Pattern For the folks who think this started with the Roberts Court, let me give you some historical context. The American legal tradition has always been bifurcated when it comes to race. The 1790 Naturalization Act limited citizenship to free white persons, requiring the law to know exactly what whiteness was. In the Chinese Exclusion Case of 1889, the Supreme Court said the federal government could exclude people on the basis of race because national sovereignty demanded it. Plessy v. Ferguson in 1896 said separate but equal was constitutional, requiring the state to racially classify every citizen at the train station while pretending the classification was harmless. Korematsu v. United States in 1944 said the federal government could intern Japanese Americans on the basis of ancestry, and that ruling has never been formally overturned, only narrowed. The Insular Cases from the early 1900s established that Puerto Ricans, Filipinos, and other colonized people were foreign in a domestic sense, building a whole jurisprudence around using race to distinguish full citizens from subjects. Then in the post-Civil Rights era, the same court that finally said in Brown 1954 that segregation was unconstitutional turned around and in Milliken v. Bradley 1974 said cross-district desegregation remedies were too much. In Bakke 1978, Justice Powell invented the diversity rationale that allowed limited use of race in admissions, but only as long as it was framed as helping white students get exposure to non-white students. In Shelby County v. Holder 2013, Chief Justice Roberts gutted the preclearance provision of the Voting Rights Act by famously declaring that things have changed. Then in 2023, that same court took the diversity rationale and threw it in the trash. And now in 2025, in Trump-era immigration enforcement cases, the court has signaled that racial and ethnic appearance can factor into reasonable suspicion when federal agents are looking for undocumented immigrants. Derrick Bell 1980 told us about interest convergence. Civil rights gains for Black folks only happen when they align with the interests of white elites. The retreat from those gains happens the moment that alignment breaks. We’re watching the retreat in real time. The Mastery of Pale Supremacy: A Working Definition What I’m calling the mastery of pale supremacy is this. It’s the institutional ability to weaponize race consciousness when it benefits the dominant group, and simultaneously demand racial color-blindness when racial consciousness would benefit anybody else. It is two doctrines held in the same hand, deployed by the same nine justices, justified by the same Constitution, depending entirely on which direction the racial flow benefits. Charles Mills called this an epistemology of ignorance. White ignorance about race is not the absence of knowledge. It is a structured, produced, defended way of not-knowing that allows the system to keep functioning. The Supreme Court has perfected this. They know exactly when to see race and exactly when to pretend it doesn’t exist. Intersectional Material Impacts: Who Pays Now let’s talk about who actually bleeds when these decisions come down, because this is where intersectional analysis is non-negotiable. Crenshaw 1989 gave us the framework, Combahee 1977 gave us the politics, Moya Bailey gave us the language of misogynoir. When we lose race-conscious admissions, the data from California after Proposition 209 and from Michigan after Proposal 2 shows us exactly what happens. Black women in particular get pushed out of selective STEM and pre-professional pipelines at higher rates than Black men, because Black women were disproportionately the ones using those pathways to escape both racial and gender wage gaps. When voting maps get redrawn to dilute Black voting power, the immediate material consequences fall hardest on Black women in the South, who are the most consistent Black voters and whose policy priorities, things like Medicaid expansion, maternal health funding, public school funding, get traded away first. Black maternal mortality is already four times the rate of white maternal mortality. Diluted political power means even less leverage to demand state-level policy that could actually save Black women’s lives. On the immigration side, when ICE and Customs and Border Protection get the green light to use racial appearance as reasonable suspicion, the people most likely to be stopped, detained, separated from their children, and deported are not abstract immigrants. They are Latina mothers, Indigenous women from Central America fleeing climate and cartel violence, Afro-Latino people who get racially profiled twice over, queer migrants whose asylum claims hinge on demonstrating credible fear in conditions designed to break them down. Spillers’ work on the ungendering of the Black diasporic body under captivity applies here too, because the racialized state treats migrant women’s bodies as fungible and disposable in ways that echo, not coincidentally, the logic of the slave ship. Hartman called it the afterlife of slavery for a reason. Robinson’s Black Marxism reminds us none of this is aberration. Racial capitalism requires a racialized underclass, and the legal system’s job is to manage which bodies belong in that underclass at any given moment. When the economy needs cheap migrant labor that can be threatened with deportation, the court makes race legally legible to immigration enforcement. When the economy needs to keep Black political power suppressed so that wealth doesn’t get redistributed through democratic means, the court makes race legally illegible to voting rights enforcement. Same court. Same logic. Different application. Thanks for reading Education Is Elevation! This post is public so feel free to share it. Implication for Education: This Is Why We Need Critical Pedagogy Here’s where I bring this home to education, because Education is Elevation ain’t just a tagline. The implication of this Supreme Court racial double standard for education is direct and devastating. When you ban race-conscious admissions while simultaneously allowing racial profiling, you create a generation of students who are legally invisible as racialized subjects when they try to access opportunity, but hyper-visible as racialized subjects when they try to exist in public. Freire 1968 told us the banking model of education is designed to deposit ruling-class ideology into students. Sandy Grande’s Red Pedagogy and the tradition of Black critical pedagogy from Carter G. Woodson through bell hooks tells us we have to actively counter that deposit with what hooks called education as the practice of freedom. But how can teachers do that when curriculum is being gutted? Florida, Texas, Oklahoma, and others are passing laws that ban discussion of structural racism in K-12 classroom