It has been nearly a century and a half since slavery was abolished in the United States. Nevertheless, racial bias has continued to threaten our nation’s democracy and negatively impact the liberties and freedoms of Black Americans. On first glance of the Constitution, the NFL, a multi-billion-dollar corporation which recently took part in the country’s largest concussion settlement, is a private actor. However, the NFL’s previous controversial ‘race-norming’ practice, which consists of “neuropsychologists usually apply[ing] adjustments – or ‘norms’ – to [a patient’s cognitive test results to] see where those scores rank that patient in a demographically similar population,” has illuminated its harmful racial bias and raised concerns of the corporation’s possible violation of the Equal Protection Clause of the Fourteenth Amendment. Although the NFL voluntarily stopped race-norming according to a proposed deal filed in federal court during October of 2021, race-norming is still an important point of contention because the discrimination apparent in race-norming embeds itself into other areas that impact the Equal Protection Clause and affect children, students, and employees across the United States. … More The Constitutional Implications of the NFL’s Racial Bias