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The Supreme Court Is Afraid of Racial Justice

Date: June 7, 2016
Author: Prof. Osagie K. Obasogie Esq.
QUOTE: 40 years ago Tuesday, the Supreme Court decided a pivotal case on race and equality whose legacy has profoundly shaped American race relations...The case, Washington v. Davis, involved the constitutionality of Test 21....a long American tradition — from grandfather clauses to literacy tests — of seemingly race-neutral measures functioning in a discriminatory manner. The United States Court of Appeals for the District of Columbia Circuit found that Test 21’s grossly disproportionate impact on minority applicants violated the Equal Protection Clause. But when the case reached the Supreme Court, the justices disagreed.

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