Justice Thomas, Brown v. Board of Education, and Post-Racial Determinism

28 Pages Posted: 28 Nov 2014

See all articles by Cedric Merlin Powell

Cedric Merlin Powell

University of Louisville - Louis D. Brandeis School of Law

Date Written: November 26, 2014

Abstract

Post-racial determinism describes the Court’s formalistic adherence to a set analytical framework built upon three conceptual premises: (i) all claims for transformative racial justice are presumptively invalid; thus, reverse discrimination claims advanced by "injured" whites are virtually guaranteed success; (ii) anti-discrimination law has largely achieved its purpose so an "expansive" view of constitutional protections must be rejected and replaced by a narrow view that ultimately leads to the reversal of these "unnecessary" race laws; and (iii) the shift from colorblind to post-racial constitutionalism means that race should never be a factor in institutional decision-making; and, when it is, it is appropriate for the Court to intervene and "correct" the process notwithstanding the fact that the political community has chosen to pursue a race-conscious remedial approach. Advancing a critique of the Court’s post-racial constitutionalism, with an emphasis on Justice Thomas’ concurrence in Parents Involved, this symposium Article argues that Justice Thomas’ racial views undermine the historical and substantive legacy of Brown.

Keywords: Equal Protection, Colorblind constitutionalism, post-racial constitutionalism, school desegregation, integration

Suggested Citation

Powell, Cedric Merlin, Justice Thomas, Brown v. Board of Education, and Post-Racial Determinism (November 26, 2014). Washburn Law Journal, Vol. 53, 2014, University of Louisville School of Law Legal Studies Research Paper Series No. 2015-02, Available at SSRN: https://ssrn.com/abstract=2531201

Cedric Merlin Powell (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
81
Abstract Views
960
Rank
547,134
PlumX Metrics