Open Access. Powered by Scholars. Published by Universities.®
Civil Rights and Discrimination
Georgetown University Law Center
Articles 1 - 1 of 1
Full-Text Articles in Law
Looking Ahead: The Future Of Affirmative Action, Susan Low Bloch
Looking Ahead: The Future Of Affirmative Action, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
Fifty years after Brown v. Board of Education, race is still a serious issue in this country. Fortunately, we no longer debate whether it is legal for the government to operate segregated schools or to treat blacks as second-class citizens. We finally answered that question correctly—it is unconstitutional for the law to segregate and to treat blacks worse than whites.
Today, we face the more difficult question of ascertaining the constitutionality of “affirmative action” or “benign discrimination” programs. The Supreme Court first addressed this issue in 1978 in the landmark case Regents of the University of California v. Bakke …