The US Supreme Court has issued another shocking but unsurprising ruling that arbitrarily dispenses with precedents and upends long-settled law at the expense of the historically disempowered: now African American and Latino students will be deprived of “affirmative action” programmes considering race in university admissions. However, the assumption there was a shared originary understanding of the Constitution is false since the Constitution has been aggressively colour-conscious throughout its history, mainly at the expense of minority groups