Law Commons^™

Race Audits, Robin A. Lenhardt

Faculty Scholarship

The U.S. Supreme Court’s race jurisprudence suffers from a stunning lack of imagination where possibilities for meaningful local government involvement in combating structural racial inequality are concerned. Cases such as Parents. and Ricci limit dramatically the freedom that localities have to address racial inequity within their borders. Instead of constraints on local efforts in the race context, Professor Lenhardt argues that what we need, if persistent racial inequalities are ever to be eliminated, is greater innovation and experimentation. In this article, Professor Lenhardt thus introduces an extra-judicial tool called the race audit, which would permit individual cities or a regional …