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Agency, Equality, And Antidiscrimination Law, Tracy E. Higgins, Laura A. Rosenbury
Agency, Equality, And Antidiscrimination Law, Tracy E. Higgins, Laura A. Rosenbury
UF Law Faculty Publications
Some commentators, perhaps a minority, have argued that the Equal Protection Clause should be read to require the use of race-conscious policies when necessary to eradicate or remedy the most serious consequences of racial inequality. Others have argued that such policies, though not required, should be permitted when duly adopted by the majority of the populace to promote the interests of an historically oppressed minority. Still others, including now a majority of the Supreme Court, take the view that the Constitution forbids virtually all explicit uses of race by the state.
In this Essay, we do not enter this debate …