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
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Authors
Pittman, Larry J.
Issue Date
2024-04
Volume
57
Issue
2
Type
Journal Article
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Abstract
This Article posits that the Supreme Court’s opinion in Students for Fair Admissions, Inc., v. Harvard College6 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 Harvard 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 and how Congress, using its authority under Section 2 of the 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.
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Citation
Publisher
Creighton University School of Law