Law Commons^™

Unconstitutional Animus, Susannah W. Pollvogt

Susannah W Pollvogt

It is well established that animus can never constitute a legitimate state interest for purposes of equal protection analysis. But neither precedent nor scholarship has stated conclusively what exactly animus is, or what counts as evidence of animus in any given case. The United States Supreme Court has explicitly addressed the question of animus only a handful of times, and these cases do not appear to be particularly congruent with one another, at least on the surface. Further, while scholars have discussed animus in terms of moral philosophy, no one has attempted to articulate a unified theory of animus as …

Casting Shadows: Fisher V. University Of Texas And The Misplaced Fear Of Too Much Diversity, Susannah W. Pollvogt

Susannah W Pollvogt

Well, I thought that the whole purpose of affirmative action was to help students who come from underprivileged backgrounds, but you make a very different argument that I don't think I've ever seen before.

- Justice Alito

Justice Alito’s comment, made during the recent oral argument before the Supreme Court in Fisher, is troubling on many levels. Significantly, the comment suggests that Justice Alito has not recently re-read Bakke or Grutter—the two Supreme Court decisions that will likely control the outcome in Fisher. Both Bakke and Grutter acknowledge two distinct justifications for race-conscious admissions policies: remedial justifications meant to cure …