Post-Racial Constitutionalism and the Roberts Court

ISBN-13: 9781108813860 / Miękka / 2023 / 251 str.

Kentucky) Powell Cedric Merlin (University of Louisville

Opis

This book examines and critiques how the United States Supreme Court under the leadership of Chief Justice John Roberts perpetuates structural inequality.

Recenzje

'Professor Powell's 'Post-Racial Constitutionalism' is a uniquely valuable resource for anyone seeking to understand Critical Race Theory and its application to both constitutional history and doctrine. As Professor Powell puts it, 'When it comes to acknowledging the salience of race as an organizing principle of subordination in American society the Court has always been post-racial.'' Ross E. Davies, Professor of Law, George Mason University Antonin Scalia Law School

Spis treści

1. Rhetorical neutrality and post-racial historicism; 2. The Burger and Rehnquist Courts: transitional equality and post-racial colorblindness; 3. The Roberts Court and post-racial constitutionalism; 4. Post-racial process discourse: Schuette v. Coalition to Defend Affirmative Action; 5. Fisher II: Post-racial process values and the diversity myth; 6. Ricci v. DeStefano: Post-racial neutrality, opportunity, and results; 7. Texas Department of Housing Affairs v. The Inclusive Communities Project, Inc.: disparate impact and post-racialism; 8. Voting rights: contrived federalism and the problem of second-generation discrimination; Conclusion.