The Fight for Equal Protection: Reconstruction-Redemption Redux

14 Pages Posted: 6 Oct 2016

See all articles by Kermit Roosevelt

Kermit Roosevelt

University of Pennsylvania Law School

Patricia Stottlemyer

University of Pennsylvania, Law School, Students

Date Written: 2016

Abstract

With Justice Scalia gone, and Justices Ginsburg and Kennedy in their late seventies, there is the possibility of significant movement on the Supreme Court in the next several years. A two-justice shift could upend almost any area of constitutional law, but the possible movement in race-based equal protection jurisprudence provides a particularly revealing window into the larger trends at work. In the battle over equal protection, two strongly opposed visions of the Constitution contend against each other, and a change in the Court’s composition may determine the outcome of that struggle. In this essay, we set out the current state of the Court’s race-based equal protection jurisprudence, and then examine how a one- or two-justice shift, either to the right or to the left, would change this jurisprudence to embody one of the competing visions of the Constitution.

Keywords: Supreme Court of the United States, SCOTUS, Constitutional Law, Jurisprudence, Fourteenth Amendment, Judicial Politics, Racial Classifications, Affirmative Action, Remediation, Disparate Impact, Strict and Heightened Scrutiny

Suggested Citation

Roosevelt, Kermit and Stottlemyer, Patricia, The Fight for Equal Protection: Reconstruction-Redemption Redux (2016). University of Chicago Law Review Online, Vol. 83, Pg. 36, 2016; U of Penn Law School, Public Law Research Paper No. 16-35. Available at SSRN: https://ssrn.com/abstract=2848480

Kermit Roosevelt (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215.746.8775 (Phone)

Patricia Stottlemyer

University of Pennsylvania, Law School, Students ( email )

Philadelphia, PA 19104
United States

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