Affirmative Action Invidiousness

Abstract

Affirmative action jurisprudence was changed sub silentio in Schuette v. Coalition to Defend Affirmative Action, Integration & Immigrant Rights & Fight for Equality By Any Means Necessary (BAMN). This article explains the current jurisprudence and then shows how the Schuette Court subverted the accepted jurisprudence while claiming to apply it. The article concludes that the Court must correct Schuette at its earliest opportunity, because otherwise the current jurisprudence will exemplify exactly what equal protections guarantees are designed to prevent.

Keywords: affirmative action, schuette, race, express discrimination, strict scrutiny

JEL Classification: K10