Document Type
Response or Comment
Publication Date
4-27-2023
ISSN
2330-1295
Publisher
JOTWELL
Language
en-US
Abstract
“But first, we must believe.” So concludes The Antiracist Constitution, where Brandon Hasbrouck confronts an uneasy question: In the quest for racial justice, is the Constitution friend or foe? Even the casual observer knows that constitutional law is no friend to racial justice. In the nineteenth century, Plessy v. Ferguson blessed Jim Crow. In the twentieth century, Washington v. Davis insulated practices that reproduce Jim Crow. Now in the twenty-first century, pending affirmative action litigation invites the Supreme Court to outlaw efforts to remedy Jim Crow.
Recommended Citation
Jonathan Feingold,
The Problem is the Court, Not the Constitution
,
in
JOTWELL
(2023).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3579
Included in
Civil Rights and Discrimination Commons, Constitutional Law Commons, Supreme Court of the United States Commons
Comments
Response to "The Antiracist Constitution" by Brandon Hasbrouck