This Note will examine affirmative action jurisprudence, and explore the broader implications of the Court's present narrow course. Section II presents a brief historical background of the cases preceding Adarand, and traces the Court's fragmented approach to this issue and its deep divisiveness over the correct standard of review. Section IV examines the tension between the colorblind approach and the requirements of equal protection within the in escapable reality of our racist society. Finally, Section V calls for a focus by the Court on outcome, rather than a myopic fixation on process, toward the larger end of the realization of equality in fact.
"Giving Effect to Equal protection: Adarand Constructors, Inc. v. Pena,"
Akron Law Review: Vol. 29:
2, Article 9.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol29/iss2/9