Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Mugwump, Mediator, Machiavellian, Or Majority? The Role Of Justice O'Connor In The Affirmative Action Cases, Thomas R. Haggard
Mugwump, Mediator, Machiavellian, Or Majority? The Role Of Justice O'Connor In The Affirmative Action Cases, Thomas R. Haggard
Akron Law Review
The purpose of this article is to provide a critical analysis of Justice O'Connor's affirmative action opinions. It will show that while her early record provides justification for all three characterizations, her more recent decisions suggest the emergency of a more favorable image. Her opinions in Croson and Media Broadcasting reflect the realization that a narrow, hair-splitting approach to this critical social and constitutional crisis will do little to hasten its resolution; that there is apparently no form of affirmative action that the liberal wing of the Court is unwilling to endorse, making her consensus by compromise approach a futile …