Has the Supreme Court Been More a Friend or Foe to African Americans
Bibliographic Data
| ID | 9684770 |
|---|---|
| Authors | Michael J Klarman (Equality Now, corresponding author) |
| Year | 2011 |
| Volume | 140 |
| Issue | 2 |
| Pages | 101-108 |
| Publication date | 2011-04-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Daedalus (JOURNAL) |
| Journal identifiers | ISSN: 0011-5266 • E-ISSN: 1548-6192 |
| Publisher | MIT Press (PUBLISHER • US) |
| DOI | 10.1162/daed_a_00080 |
| OpenAlex | W2157641471 |
| Language | EN |
This essay challenges the conventional wisdom that regards the Supreme Court as a heroic defender of the rights of racial minorities against majority oppression. It argues that over the course of American history, the Court, more often than not, has been a regressive force on racial issues. Klarman draws three lessons from his survey of the Court's racial jurisprudence: (1) the composition of the Court influences whether its racial jurisprudence is progressive or regressive; (2) the composition of the Court is, in significant part, a reflection of national politics; and (3) the Court's constitutional interpretations regarding race – just as on any other issue – broadly reflect the political and social climate of the era and thus rarely deviate far from dominant public opinion
Jurisprudence · Majority opinion · Oppression · Political science · Politics · Precedent · Race (biology · Racism · Sociology · Supreme court · American Constitutional Law and Politics · Gender Studies · Law · Legal and Constitutional Studies
| Highly cited | No |
|---|