"In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently"
About this Quote
As a judge, Blackmun is writing against a popular rhetorical move in American politics and jurisprudence: collapsing “fairness” into identical treatment. His second sentence is the pivot. “Treat them differently” is easily caricatured as favoritism, but he’s getting at a more uncomfortable principle: when people start from different places because of state-sanctioned exclusion, neutrality can function as a subsidy for the status quo. The subtext is that law is never simply passive; it either corrects inequity or ratifies it.
The context matters: Blackmun’s reasoning sits in the late-20th-century battles over affirmative action and equal protection, where the Supreme Court wrestled with whether the Constitution permits race-conscious remedies for race-conscious harms. His intent is remedial, not essentialist. Race here is not destiny; it’s a metric of injury.
The quote’s sting is that it flips the burden. The real “special treatment” wasn’t affirmative action - it was the long, quiet head start embedded in American institutions.
Quote Details
| Topic | Equality |
|---|---|
| Source | Regents of the Univ. of California v. Bakke, 438 U.S. 265 (1978) — U.S. Supreme Court opinion; passage attributed to Justice Harry A. Blackmun. |
| Cite |
Citation Formats
APA Style (7th ed.)
Blackmun, Harry A. (2026, January 17). In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently. FixQuotes. https://fixquotes.com/quotes/in-order-to-get-beyond-racism-we-must-first-take-54524/
Chicago Style
Blackmun, Harry A. "In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently." FixQuotes. January 17, 2026. https://fixquotes.com/quotes/in-order-to-get-beyond-racism-we-must-first-take-54524/.
MLA Style (9th ed.)
"In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently." FixQuotes, 17 Jan. 2026, https://fixquotes.com/quotes/in-order-to-get-beyond-racism-we-must-first-take-54524/. Accessed 12 Feb. 2026.






