Disaggregated life valuations would embed racial discrimination while denying it

Evidence

In Sunstein’s view, if racebased differences in the value of life were used for policy judgments, they “would not be the result of a government decision to take racial characteristics into account; in fact [they] would not be a product of any kind of grouplevel discrimination on the government’s part.” — Douglas A. Kysar, Regulating from Nowhere, 304

Categorization

• QUESTION: Tempting to chase the full Sunstein argument for disaggregation — an environmental-law angle on the reader’s civil rights knowledge from Annihilation of Caste.
• XREF: connects to: An EPA rule flagged tribal benefit rather than tribal harm as its injustice concern — Douglas A. Kysar, Regulating from Nowhere: Environmental…, 608; White survey respondents sold racial neutrality for a thirty-minute queue saving — Douglas A. Kysar, Regulating from Nowhere: Environmental…, 307; Discrimination wrongfully denies others public recognition of their social worth — Cristian Tileagă, The Nature of Prejudice: Society,…, 65 (+7 more)

Broader Connections

• Legal reinforcement of racial distinctions worsens their harmful effects #expands (0.85) — David Theo Goldberg, The Racial State, 4385
• Erasing racial categories from public accounting also erases the discrimination they record #qualifies (0.85) — David Theo Goldberg, The Threat of Race, 1772
• Color blindness claims deny systematic racism while erasing cultural difference. #corroborates (0.85) — Rebecca A. Martusewicz, Jeff Edmundson, and John Lupinacci, EcoJustice Education, 1261
• Racial exclusion becomes legally unactionable once reframed as private moral preference #expands (0.82) — David Theo Goldberg, The Threat of Race, 1875
• Discrimination wrongfully denies others public recognition of their social worth #qualifies (0.80) — Cristian Tileagă, The Nature of Prejudice, 65
• Racial distinctions can be deployed as economic discrimination devices #expands (0.80) — Hannah Arendt, The Origins of Totalitarianism, 2318
• Consciously egalitarian values fail to prevent racially disparate behavior #corroborates (0.80)
• Privatizing race frees racism to circulate unchecked in private life #corroborates (0.80)