Most Favored Racial Hierarchy: The Ever-Evolving Ways of the Supreme Court’s Superordination of Whiteness

This Article engages in a critical comparative analysis of the recent history and likely future trajectory Supreme Court’s constitutional jurisprudence matters race religion to uncover new aspects racial project that Reggie Oh has recently called “racial superordination” whiteness—the reinforcing superior status whites American society by, among other things, prioritizing their interests structuring doctrine. shows Court is increasingly widening gap between conceptions of, levels protection provided for, equality contexts ways prioritize whiteness set those as normative baseline both areas law. While moved toward an aggressive religion-conscious “most favored nation” theory Free Exercise Clause context, its continued march mandating colorblindness arguably moving something akin “least for consciousness equal context. Arguments can be made most nation approach should also applied race. Doing so would provide more doctrinal space equality-enhancing government programs call into question deeply entrenched current affirmative action jurisprudence. The refusal even hint at possibility such points superordinating white Americans constitutionally protected from race-conscious interference with dominant position hierarchy over application consistent principles.