Chapter 5 deconstructs the Supreme Court’s Buchanan opinion by conceptualizing Rhetorical Neutrality as a central tenet of post-racial constitutionalism: how the Court ignores or obscures history (historical myth); defines discrimination so narrowly that it’s virtually impossible to prove (definitional myth); and rationalizes inequality as a natural outcome of a neutral system (rhetorical myth). The Court fixates on protecting private-property and contracts rights against new government regulations during the Lochner era and uses an impoverished reading of the Fourteenth Amendment to prohibit only expressly race-specific classifications of property regulation. The Court crossed the color line of the early 20th century to protect both Blacks and whites from racial zoning, a superficial victory for racial justice. The chapter explores how the Supreme Court’s narrow jurisprudence has played out in landmark land-use cases of the past 100+ years, sustaining structural inequality by advancing post-racial constitutionalism through ostensibly neutral rulings that perpetuate subordination. The chapter concludes with an analysis of current housing legislation and opinions on disparate impact.