Originalism and the Colorblind Constitution

  title={Originalism and the Colorblind Constitution},
  author={Michael B. Rappaport},
  journal={Notre Dame Law Review},
The legal literature on the subject of originalism and affirmative action asserts two propositions: that originalism strongly supports the constitutionality of affirmative action and that the two originalist justices – Justices Scalia and Thomas – appear to be hypocrites for holding that the Constitution forbids government affirmative action. These claims are made by various leading scholars, including Cass Sunstein and Jed Rubenfeld. This Article challenges these claims. First, I argue that… 
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The Truth about Originalism
despite its relatively small number of advocates, the theory of constitutional interpretation known as “Originalism” continues to enjoy an outsized influence in the United States. Originalists