Corpus ID: 32350717

The War Between Disparate Impact and Equal Protection

  title={The War Between Disparate Impact and Equal Protection},
  author={K. Marcus},
“The way to stop discrimination on the basis of race,” Chief Justice John Roberts recently wrote, “is to stop discriminating on the basis of race.” In other words, state actors can best achieve equal treatment by eliminating all governmental racial preferences. This position contrasts with Justice Harry Blackmun’s equally canonical view that “in order to get beyond racism, we must first take account of race.” To the extent that anti-discrimination jurisprudence now adopts (or shuttles between… Expand
4 Citations