On Gender and Racial Issues Justices Suffer from Rare Disease

Abstract

Affirmative action for women and racial minorities certainly is controversial, for some it is even divisive; but in a country with a history of legalized racial slavery and racial and gender discrimination, and where such discrimination while reduced is still pervasive, it is absolutely necessary if we are to create a society that truly affords equal opportunity to all. Many Americans share this view. But for others, including five members of the Supreme Court in the recently decided case of Adarand Constructors v. Pena, the need is less clear. I can only conclude that such flawed reasoning reversing Supreme Court precedent is caused by a disease known as selective memory loss, for if not for such an affliction, the justices could see that affirmative action is necessary in order to ensure equal protection.

Keywords: Racial Discrimination, Affirmative Action, Supreme Court, Fourteenth Amendment, Sexual Discrimination, Adarand Constructors v. Pena, Equal Protection

JEL Classification: K19, K39, K49, J71, J78