The Constitutionality of Racially Integrative Purpose

Boddie, Elise C.

Journal: Cardozo Law Review

Volume: 38

First Page: 531

Year: 2016

Bluebook Citation: 38 CARDOZO L. REV. 531 (2016)

Author: Elise C. Boddie: all 5 publications


Abstract

The article explores the constitutionality of policies that are race-neutral on their face but are designed to include historically marginalized racial groups, arguing that such policies are presumptively constitutional. The author suggests that the Supreme Court, influenced by Justice Kennedy's opinions, is increasingly accepting these policies as constitutional if they promote racial integration without using race-specific means.

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