Eric Segall: Institutional Racism, Affirmative Action, and Judicial Hubris: Part I Dorf on Law

OTHERWISE: Eric Segall: Institutional Racism, Affirmative Action, and Judicial Hubris: Part I Dorf on Law

The pernicious and negative consequences of centuries of slavery, segregation, and formalized legal racial discrimination are still all around us. As I detailed here, institutional racism pervades our schools, police forces, governmental institutions, neighborhoods, and even our private markets. In my lifetime, just a few blocks from the law school where I teach, a hotel went to the Supreme Court arguing for the right to discriminate against people of color despite a federal statute prohibiting the same. Today, GOP legislatures in well over half the states are trying to deter people of color from voting. Just yesterday, the Court heard oral arguments in such a case