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Race as a Factor
Michelle Alexander argues that the Supreme Court has granted and indicated that police can use race as a factor in making a decision. Police departments don’t advertise this fact, because law enforcement officials know that the public wouldn’t respond well in the era of colorblindness. Alexander, the former director of ACLU, illustrates the use of the Fourteenth Amendment by police to justify racial profiling with United States v. Brignoni-Ponce case. In that case, the Court concluded that under the equal protection clause of the Fourteenth Amendment, police could use race as a factor in making decisions about which motorists to stop and search. Although police departments stated that racial profiling exists only when race is the sole factor, a series of studies commissioned by the attorney general of New York found that African Americans were stopped six times more frequently than whites, and that stops of African Americans were less likely to result in arrests than stops of whites.

The End of an Era
According to Alexander, the litigation that swept the nation in the 1990s challenging racial profiling practices has nearly vanished. This is not because the problem has been solved, but because in a little noticed case called Alexander v. Sandoval, decided in 2001, the Supreme Court eliminated the last remaining avenue available for challenging racial bias in the criminal justice system. In addition, she also argues that the Supreme Court has now closed the courthouse doors to claims of racial bias at every stage of the criminal justice process, from stops and searches to plea bargaining and sentencing. The system of mass incarceration is now, for all practical purposes, thoroughly immunized from claims of racial bias. Alexander claims that the legal rules adopted by the Supreme Court guarantee that those who find themselves locked up and permanently locked out due to the drug war are overwhelmingly black and brown.

Colorblindness
Colorblindness is a human behavior referring to the disregard of racial characteristics when selecting which individuals will participate in some activity or receive some service. Colorblindness makes people profiling, classifying, distinguishing, and categorizing others based upon their race. Colorblindness is related to racism. In order to stop racism, colorblindness era must be ended. As described by Chief Justice John Roberts, "The way to stop discrimination on the basis of race, is to stop discriminating on the basis of race." Colorblindness practices have been happened in United States. There is an era where American practices the colorblindness. In Social Inequality and Social Stratification in US Society, Christopher Doob says that white people believe they live in a world in which "racial privilege no longer exists, but their behavior supports racialized structures and practices." There are several efforts in United State to prevent colorblindness, one of them is the effort to built civil rights legislation. The goal of the civil rights legislation was to remove racial discrimination and so establish a race-blind standard. Other effort is Martin Luther King Jr.’s African-American Civil Rights Movement that has hoped for people would someday be judged by "the content of their character" rather than "the color of their skin". Although the colorblindness era in United States has already finished, but there are many people in United State that still used the colorblindness to discriminate others.

History
James Alexander is the Director of the Alabama Department of Public Safety who unsuccessfully argued before both courts that Title VI did not provide a cause of action to enforce the regulation. He is the one who ordered that the Alabama driver's-license test be given only in English. Plaintiff Martha Sandoval is a Mexican immigrant who was unable to obtain a valid Alabama driver's license because she did not speak English well enough to take the test, which offered only in English. On behalf of Martha and others who suffer same discrimination, the Center and two other civil rights organizations sued the Department of Pubic Safety for discrimination. The Center won at trial in 1998, and caused the state to begin offering its driver's license test in Spanish and seven other languages. Since then, Sandoval and thousands of other non-English-speaking Alabama residents have successfully acquired their driver's licenses.