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Advancements in genetic technology have resurrected long discarded conceptualizations of “race” as a biological reality. The rise of modern biological race thinking – as evidenced in health disparity research, personal genomics, DNA criminal forensics, and bio-databanking - not only is scientifically unsound but portends the future normalization of racial inequality. This Article articulates a constitutional theory of shared humanity, rooted in the substantive due process doctrine and Ninth Amendment, to counter the socio-legal acceptance of modern genetic racial differentiation. It argues that state actions that rely on biological racial distinctions undermine the essential personhood of individuals subjected to such taxonomies, thus violating a protected privacy interest in avoiding race-based biological classifications by the government.

The ascendance of modern de jure genetic racial classifications has received only minimal attention thus far in the literature, with prominent scholars such as Dorothy Roberts addressing the socio-political roots of the phenomenon. This Article contributes to the discussion by further developing a constitutional framework by which to challenge state-sanctioned biological racial taxonomies.