Kelo, Parents and the Spatialization of Color (blindness) in the Berman-Brown Metropolitan Heterotopia

This article opened by pointing out what on its face seemed to be inconsistencies between Justice Clarence Thomas's opinions in Kelo and Parents. As the rest of the article has attempted to demo.nstrate, however, the color consciousness and color blindness of Justice Thomas in each case was the predictable consequence of the spatial con~truction of metropolitan space in the period between Berman-Brown and Kelo-Parents. This era opened diffidently. Whereas Brown and subsequent school litigation. represented the potential for a fundamental challenge to White supremacy, Berman's color-blind deference to urban and metropolitan fractionalization made it increasingly difficult to overcome the multicolor social and spatial inequity that was becoming even more pronounced in the nation's rapidly growing metropolitan areas.