Abstract

Color-blind - or just blind?

The U.S. Supreme Court and the country continue to grapple with the fundamental question of the legality, morality and wisdom of race-conscious remedies as tools in the quest to address the legacy of Supreme Court case Plessy v. Ferguson. Since 1978, the Supreme Court has gradually moved toward requirements for affirmative action that threaten to strangle practical implementation of affirmative action programs and the Voting Rights Act. The Court's 1995 decision in Adarand Constructors Inc. v. Peña held that "strict scrutiny" applies to all "racial classifications," including affirmative action programs enacted by the U.S. Congress. In a highly charged political climate, with racial wedge campaigns driving calls for the complete elimination of affirmative action, Adarand does represent an important reaffirmation of the legality of properly designed programs.