Schuette and Affirmative Action: Why There are Limits to what a Majority of the People May Do

Authors

Rossanna C. Hernandez Mitchell

Abstract

This article will be divided as follows: Part I will examine American legislative history and its failure to end discrimination in fact. Part II will analyze the claims of the States and the people regarding affirmative action. Part III will explore past trends in judicial decisions and their conditioning factors, including political party platforms and United States Supreme Court appointments. Part IV will evaluate changes in those conditioning factors that may alter future decisions, including the best- and worstcase scenarios. Lastly, Part V will provide recommendations on the best approach to remediate past discriminations.

Recommended Citation

Rossanna C. Hernandez Mitchell, Schuette and Affirmative Action: Why There are Limits to what a Majority of the People May Do, 16 Intercultural Hum. Rts. L. Rev. (2021).
Available at: https://scholarship.stu.edu/ihrlr/vol16/iss1/3