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AFFIRMATIVE ACTION AND THE “COLOR‐BLIND” CONSTITUTION: THE REHNQUIST COURT AND EQUAL PROTECTION
Author(s) -
Yarbrough Tinsley E.
Publication year - 1995
Publication title -
southeastern political review
Language(s) - English
Resource type - Journals
eISSN - 1747-1346
pISSN - 0730-2177
DOI - 10.1111/j.1747-1346.1995.tb00423.x
Subject(s) - affirmative action , desegregation , constitution , law , political science , race (biology) , supreme court , equal protection clause , action (physics) , separate but equal , sociology , gender studies , physics , quantum mechanics
This article examines the Rehnquist Court's equal protection record in a variety of fields, including school desegregation, affirmative action, and race‐conscious congressional districting. Its underlying thesis is that an unduly wooden commitment to a “color‐blind” (or “gender‐blind”) Constitution in the near term, combined with a naive faith in the adequacy of negative rather than affirmative remedies for racial and related forms of discrimination, may defeat that worthy principle's ultimate triumph.