Libertarians have long argued that the Civil Rights Act compromises core freedoms of speech and association to such a degree that only repealing the law can restore them. Another faction argues that the solution to minoritarian identity politics is majoritarian identity politics—that is, if the legal regime has become a racial spoils system, then Americans of European descent must develop “white racial consciousness” and fight for their share.

Both these approaches are misguided. Some conservatives seem to have forgotten that the Civil Rights Act was a response to state-sanctioned racial injustice in the United States and that, at its best, the civil rights movement appealed to the ideals of the Declaration of Independence and the language of the Fourteenth Amendment. The libertarian proposal for abolishing the Civil Rights Act, like most libertarian proposals, is unfeasible. The white identity proposal, which I have previously criticized, is a recipe for permanent racial division, more akin to “prison gang politics” than republican virtue.

Happily, another avenue is open to us: reform. The ideological capture of the Civil Rights Act is neither fixed nor inevitable. Rather than argue for its abolition, Americans concerned about the excesses of the DEI bureaucracy should appeal to higher principles and demand that our civil rights law conform to the standard of colorblind equality. The answer to left-wing racialism is not right-wing racialism—it is the equal treatment of individuals under law, according to their talents and virtues, rather than their ancestry and anatomy.