Class-based affirmative action: Lessons and caveats

Texas Law Review

Volumn 74, Issue 7, 1996, Pages 1847-

  Malamud, Deborah C ^a  

^a NONE

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EID: 0042013715     PISSN: 00404411     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (7)

1. 115 S. Ct. 2097 (1995).
2. The Court stated that insofar as the program at issue in Adarand was based on disadvantage rather than race, "the most relaxed judicial scrutiny"-rationality review-would apply. Id. at 2105 (quoting Brief for the Respondents at 26, Adarand (No. 93-1841)). The Court remanded the case to determine the degree to which the program was in fact disadvantage-based. Id. at 2118. For a useful history of the inclusion of "disadvantage" provisions in federal affirmative action legislation and of their actual functioning as race-based classifications, see Hugh D. Graham, Race, History, and Policy: African Americans and Civil Rights Since 1964, 6 J. POL'Y HIST. 12, 24-25 (1994). For a discussion of rationality review in the aftermath of Romer v. Evans, No. 94-1039, 1996 U.S. LEXIS 3245 (May 20, 1996), see infra notes 14, 31.
3. See, e.g., Mickey Kaus, Class Is In, NEW REPUBLIC, Mar. 27, 1995, at 4 (discussing the virtues of "class-based affirmative action" and the support that it has garnered in conservative legal circles, including from Justices Scalia and Thomas).
4. See, e.g., WILLIAM J. WILSON, THE TRULY DISADVANTAGED: THE INNER CITY, THE UNDERCLASS, AND PUBLIC POLICY 112-18, 146-47 (1987) (arguing that affirmative action benefits minorities with the greatest economic and social resources rather than those who are the most disadvantaged). "Although Wilson is not a conservative, his hypothesis . . . constitutes the foundation of neoconservative ideas on race." THOMAS D. BOSTON, RACE, CLASS AND CONSERVATISM 1 (1988).
5. See, e.g., WILLIAM J. WILSON, THE TRULY DISADVANTAGED: THE INNER CITY, THE UNDERCLASS, AND PUBLIC POLICY 112-18, 146-47 (1987) (arguing that affirmative action benefits minorities with the greatest economic and social resources rather than those who are the most disadvantaged). "Although Wilson is not a conservative, his hypothesis . . . constitutes the foundation of neoconservative ideas on race." THOMAS D. BOSTON, RACE, CLASS AND CONSERVATISM 1 (1988).
6. E.g., Michael Kinsley. Class, Not Race, NEW REPUBLIC, Aug. 19, 1991, at 4; see also DINESH D'SOUZA, ILLIBERAL EDUCATION: THE POLITICS OF RACE AND SEX ON CAMPUS 251-53 (1991) (advocating a shift of the criterion for preferential treatment from race to socioeconomic disadvantage).
7. E.g., Michael Kinsley. Class, Not Race, NEW REPUBLIC, Aug. 19, 1991, at 4; see also DINESH D'SOUZA, ILLIBERAL EDUCATION: THE POLITICS OF RACE AND SEX ON CAMPUS 251-53 (1991) (advocating a shift of the criterion for preferential treatment from race to socioeconomic disadvantage).