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Prof. Ruthann Robson on SCOTUS and Racism

January 5, 2015

Professor Ruthann Robson wrote an op-ed for the National Law Journal about the role of the U.S. Supreme court in creating “a culture that ignores racism unless it is the product of a particular individual with a bad motive.”

She writes “the court’s opinion in Washington v. Davis contains a stunning admission. It confessed that a contrary decision would raise ‘serious questions’ because ‘a whole range of tax, welfare, public service, regulatory and licensing statutes’ would probably be unconstitutional if subjected to strict scrutiny based on their racial effects. In short, the law perpetuated inequality, but the justices said that courts should not — or could not — address the problem.”

Read the full article

Prof. Robson is an expert on constitutional law and sexuality issues and is the co-editor of the Constitutional Law Professors Blog. Her latest book is Dressing Constitutionally: Hierarchy, Sexuality, and Democracy From Our Hairstyles to Our Shoes.

 

Related Categories: Faculty News, Spotlight

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