From Bakke to Grutter and Gratz
The Supreme Court as a Policymaking Institution
Bibliographic Data
| ID | 4073963 |
|---|---|
| Authors | Katherine C Naff (corresponding author) |
| Year | 2004 |
| Volume | 21 |
| Issue | 3 |
| Pages | 405-427 |
| Publication date | 2004-05-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Review of Policy Research (JOURNAL) |
| Journal identifiers | ISSN: 1541-132X • E-ISSN: 1541-1338 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1541-1338.2004.00084.x |
| OpenAlex | W1981414487 |
| Language | EN |
| Citations received | 7 |
| References cited | 16 |
Finding the best means for ensuring equal opportunities for women and minorities has long been controversial and initial efforts to do so were addressed by executive orders, and later the historic Civil Rights Act of 1964. However, this paper argues, since its initial Bakke decision in 1978, it is the Supreme Court that has set policy in this area. In the twenty-five years between that decision and the recent Gratz and Grutter decisions, the court has shifted in its stance, in many cases declaring unconstitutional what it once sanctioned. That shift has not resulted from changes in laws or new amendments to the Constitution, nor can it be seen as reflecting public opinion, as that is not clear-cut. Rather, affirmative action policy has reflected the ideological stances of the justices sitting at the time a decision was rendered. The paper concludes with an assessment as to what this means for a democracy
Affirmative action · Constitution · Democracy · Institution · Political science · Politics · Sociology · Supreme court · Supreme Court Decisions · Judicial and Constitutional Studies · Law · Law in Society and Culture · Legal Issues in South Africa
Embracing Diversity
Liberal–conservative conflict and consensus in policy making
Workforce Diversity in the New Millennium
Representative Bureaucracy and Policy Tools
A Solution in Search of a Problem? Discrimination, Affirmative Action, and the New Public Service
Experiencing Discrimination
Beyond Gratz and Grutter
The civil rights era
The Federalist
The Ironies of Affirmative Action
The impact of issue framing on public opinion
The Supreme Court, Affirmative Action, and Public Management
Trends
The Choices Judges Make
Thesupremecourt Inamericanpolitics
The Black-White Test Score Gap
The Evolution of an Issue
Discrimination, Jobs, and Politics
Separation-of-Powers Games in the Positive Theory of Congress and Courts
The Supreme Court as a Countermajoritarian Institution? The Impact of Public Opinion on Supreme Court Decisions
Popular Influence on Supreme Court Decisions
| Unique citing works | 7 |
|---|---|
| Citations per year | 0,33 |
| Citation span | 2005 - 2010 (6) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 7 |