Adarand Constructors, Inc. v. Pena: The Supreme Court to Decide the Fate of Affirmative Action

Comment by Gerald S. Janoff

This Comment begins with an examination of the nature and contours of affirmative action in Part II and a brief legal history of race relations in Part III. In Part IV, a close look is given to the arguments supporting and undermining race-based remedies. Parts V and VI examine prior Supreme Court cases on affirmative action in the employment context. Future constitutional developments are examined in Part VII with a focus on the Adarand case, including predictions as to how the Supreme Court justices, in light of their prior decisions, might decide.


About the Author

Gerald S. Janoff.

Citation

69 Tul. L. Rev. 997 (1995)