Open AccessAlexander v. Sandoval:A Setback for Civil Rights
Author(s) -
Kevin G. Welner
Publication year - 2001
Publication title -
education policy analysis archives
Language(s) - English
Resource type - Journals
ISSN - 1068-2341
DOI - 10.14507/epaa.v9n24.2001
Subject(s) - setback , supreme court , plaintiff , civil rights , law , political science , disparate impact , civil liberties , disparate treatment , supreme court decisions , sociology , politics
This article confronts the serious implications of a recent U.S. Supreme Court decision, Alexander v. Sandoval, which eliminated an important legal avenue for civil rights plaintiffs. For over 35 years, individuals have been allowed to bring lawsuits directly challenging violations of rights set forth in the federal regulations implementing Title VI of the 1964 Civil Rights Act. Because these actions could be grounded in proof of disparate impact, rather than discriminatory intent, they allowed for some claims that could not go forward under other legal authorities, such as the Fourteenth Amendment. While the author concludes by identifying key remaining options, he highlights the real damage done by this decision.