Of course, no one should be trapped in bad schools or bad neighborhoods. No one. But I think we need to be asking a larger question: How do we change the norm, the larger context that people seem to accept as a given? Are we so thoroughly resigned to what "is" that we cannot even begin a serious conversation about how to create what ought to be?

The mythology around colorblindness leads people to imagine that if poor kids of color are failing or getting locked up in large numbers, it must be something wrong with them. It leads young kids of color to look around and say: "There must be something wrong with me, there must be something wrong with us. Is there something inherent, something different about me, about us as a people, that leads us to fail so often, that leads us to live in these miserable conditions, that leads us to go in and out of prison?"

Kids are growing up in communities in which they see their loved ones cycling in and out of prison and in which they are sent the message in countless ways that they, too, are going to prison one way or another. We cannot build healthy, functioning schools within a context where there is no funding available because it's going to building prisons and police forces.

One study conducted in Washington, D.C. indicated that 3 out of 4 black men, and nearly all those living in the poorest neighborhoods could expect to find themselves behind bars at some point in their life.

In a growing number of states, you're actually expected to pay back the costs of your imprisonment. Paying back all these fees, fines, and costs may be a condition of your probation or parole. To make matters worse, if you're one of the lucky few who actually manages to get a job following release from prison, up to 100% of your wages can be garnished to pay back all those fees, fines and court costs. One hundred percent.

Yet far from putting any meaningful constraints on law enforcement in this war, the U.S. Supreme Court has given the police license to stop and search just about anyone, in any public place, without a shred of evidence of criminal activity, and it has also closed the courthouse doors to claims of racial bias at every stage of the judicial process from stops and searches to plea bargaining and sentencing.

What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. In the era of colorblindness, it is no longer socially permissible to use race, explicitly, as a justification for discrimination, exclusion, and social contempt. So we don't. Rather than rely on race, we use our criminal justice system to label people of color "criminals" and then engage in all the practices we supposedly left behind.