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African Americans and other people of color seek redress for their racial injuries. However, if we are living in a post-racial society, one that is blind to race, then widespread redress makes no sense since widespread discrimination allegedly is a thing of the past. Therefore, it is worth asking, “if racial justice is about remembering racial injury, ha[s] our law made that memory impossible, erased by official color-blindness?” This question has been central to the study of law among Critical Race theorists since Critical Race Theory’s (CRT) inception. Therefore, an analytical convergence of CRT and Marxism should help disentangle the morass that is antidiscrimination law. The connection between Marxism and CRT can be appreciated by examining the limitations of civil rights laws in alleviating some of the most pressing social and political stresses on communities of color today. And yet, the connection seems to get lost beneath the din of those who claim that we are experiencing our first post-racial moment in a larger post-Marxist epoch. The aim of this Essay is to examine how a convergence of Marxism and CRT might enhance a critique of the U.S. Supreme Court’s interpretation of race discrimination under Title VII of the 1964 Civil Rights Act.

Post Race Posthaste: Towards an Analytical Convergence of Critical Race Theory and Marxism