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- Title
THE SUPREME COURT'S ERRONEOUS EQUAL PROTECTION CLAUSE ANALYSIS: SOCIETAL DISCRIMINATION, THE HARVARD COLLEGE DECISION AS THE NEW PLESSY V. FERGUSON-LITE, AND THE THIRTEENTH AMENDMENT.
- Authors
PITTMAN, LARRY J.
- Abstract
This Article posits that the Supreme Court's opinion in Students for Fair Admissions, Inc., u. Harvard Colleges will help continue the racial caste system that has existed in this country since its founding. The opinion is a misapplication of the Court's prior precedents regarding the use of race as a plus factor during higher education institutions' admissions processes-to such an extent that it virtually overrules these precedents without the Court even attempting to follow its own stare-decisis rules regarding the overruling of prior opinions. The Article provides a detailed discussion of Haruard College, including the Court's continuation of its self-imposed decision that the eradication of societal discrimination is not a compelling state interest and that Harvard's and the University of North Carolina's use of race as a plus factor was a violation of the Equal Protection Clause and Title VI. After offering a rebuttal to the Court's erroneous conclusions, the Article provides several suggestions on how higher education institutions might respond to Harvard College andhow Congress, using its author - ity under Section 2 ofthe Thirteenth Amendment, should enact laws to overrule Harvard College and laws to provide reparations to eradicate the present-day racial disparities in educational opportunities and in other areas that exist throughout this country.
- Subjects
EQUAL rights; UNIVERSITY &; college admission; RACE discrimination in higher education; CIVIL Rights Act of 1964. Title VII; HIGHER education; UNIVERSITIES &; colleges; UNITED States. Constitution. 13th Amendment; UNITED States. Supreme Court
- Publication
Creighton Law Review, 2024, Vol 57, Issue 2, p189
- ISSN
0011-1155
- Publication type
Article