Tag: Affirmative Action

Protecting Them from Themselves: The Persistence of Mutual Benefits Arguments for Sex and Race Inequality

Jill Elaine Hasday - University of Minnesota Law School

Defenders of sex and race inequality often contend that women and people of color are better off with fewer rights and opportunities. This claim straddles substantive debates that are rarely considered together, linking such seemingly disparate disputes as the struggles over race-based affirmative action, antiabortion laws, and marital rape exemptions.… Read More »

Toward Constitutional Minority Recruitment and Retention Programs: A Narrowly Tailored Approach

Ellison S. Ward

The Supreme Court’s 2003 affirmative action decisions, Gratz v. Bollinger were widely heralded as victories for proponents of affirmative action.  However, these opinions dealt with the use of race only in the highly specialized context of higher education admissions.  They said nothing about its use in other higher… Read More »

Listening to History? Parents Involved, Brown, and the Colorblind Constitution

Christopher W. Schmidt - Chicago-Kent College of Law

“[W]hen it comes to using race to assign children to schools,” Chief Justice Roberts pronounced in Parents Involved in Community Schools v. Seattle School Dist. No. 1 (2007), “history will be heard.”  History indeed earned star billing in this controversial decision in which a five-Justice majority struck down race-based school… Read More »