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Good Faith Discrimination, Girardeau A. Spann
Good Faith Discrimination, Girardeau A. Spann
William & Mary Bill of Rights Journal
The Supreme Courts current doctrinal rules governing racial discrimination and affirmative action are unsatisfying. They often seem artificial, internally inconsistent, and even conceptually incoherent. Despite a long and continuing history of racial discrimination in the United States, many of the problems with the Supreme Courts racial jurisprudence stem from the Courts willingness to view the current distribution of societal resources as establishing a colorblind, race-neutral baseline that can be used to make equality determinations. As a result, the current rules are as likely to facilitate racial discrimination as to prevent it, or to remedy the lingering effects of past discrimination. …