The Constitutionality of Racially Integrative Purpose

Authors

Elise C. Boddie, Rutgers Law School

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.

Disciplines

Civil Rights and Discrimination | Fourteenth Amendment | Law | Law and Race

Recommended Citation

Elise C. Boddie, The Constitutionality of Racially Integrative Purpose, 38 Cardozo L. Rev. 531 (2016).
Available at: https://larc.cardozo.yu.edu/clr/vol38/iss2/5