Addendum: Civil Rights in Jeopardy

8 Pages Posted: 15 Nov 2013

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Eileen R. Kaufman

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 1988

Abstract

On April 25, 1988 the U.S. Supreme Court restored Patterson v. McLean Credit Union to the calendar and requested the parties to brief and argue the following question: “Whether or not the interpretation of 42 USC §1981 adopted by this Court in Runyon v. McCrary, 427 U.S. 160 (1976), should be reconsidered?” This order provoked dissenting votes from four members of the Court, blistering dissenting opinions by Justices Blackmun and Stevens, widespread media coverage, and grave concern among civil-rights advocates concerning the expected longevity of Runyon. If Runyon is overruled “it would be the first time in modern history, and perhaps ever, that the Court had overturned a major precedent expanding the rights of racial minorities.”

The authors responded to the Supreme Court’s announcement of its intention to reconsider its interpretation of 42 U.S.C. section 1981 in this article, which originally appeared in the New York Law Journal on May 17, 1988. The authors first sketch the history of §§1981 and 1982 and the major Supreme Court decisions construing these provisions. They then move to an analysis of the Patterson case.

Keywords: Supreme Court, discrimination, Civil Rights, Patterson, 42 U.S.C. 1981, 42 U.S.C. 1982, Runyon

Suggested Citation

Schwartz, Martin A. and Kaufman, Eileen R., Addendum: Civil Rights in Jeopardy (1988). 4 Touro L. Rev. 245 (1988), Touro Law Center Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2351024

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

Eileen R. Kaufman (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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