Michigan Law Review Volume 59 Issue 7 1961 Color Blindess But Not Myopia: A New Look at State Action, Equal Protection, and "Private" Racial Discrimination Theodore J. St. Antoine Member, District of Columbia, Michigan, and Ohio Bars Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, Fourteenth Amendment Commons, Law and Race Commons, State and Local Government Law Commons, and the Supreme Court of the United States Commons Recommended Citation Theodore J. St. Antoine, Color Blindess But Not Myopia: A New Look at State Action, Equal Protection, and "Private" Racial Discrimination, 59 MICH. L. REV. 993 (2020). Available at: https://repository.law.umich.edu/mlr/vol59/iss7/2 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. MICHIGAN LAW REVIEW Vol. 59 MAY 1961 No. 7 COLOR BLINDNESS BUT NOT MYOPIA: ANEWLOOKATSTATEACTION,EQUALPROTECTION, AND "PRIVATE" RACIAL DISCRIMINATIONt Theodore ]. St. Antoine* R. Justice Frankfurter has remarked: "In law also the right M answer usually depends on putting the right question. " 1 For nearly one hundred years now the courts have been putting certain key questions whenever confronted by the claim that a person was being deprived of the equal protection of the laws guaranteed by the fourteenth amendment of the federal consti tution.