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Article: The last twenty five years of affirmative action?(From Brown to Bakke to Grutter: Constitutionalizing and Defining Racial Equality)
- Article from:
- Constitutional Commentary
- Article date:
- March 22, 2004
- Author:
CopyrightCOPYRIGHT 2004 Constitutional Commentary, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In a pair of much-watched cases decided by the Supreme Court in 2003, affirmative action has been vindicated, if not declared alive and well. (1) The decisions, at least for a time, put to rest a controversy that raged over the 1990s. (2) Since the Court in 1978 placed its somewhat obtuse imprimatur on affirmative action in the famous case of Regents of the University of California v. Bakke, (3) race conscious affirmative action programs rose and later, at least in some jurisdictions, fell. (4) The latest pair of cases announced a truce of sorts in the affirmative action hostilities. In so doing, however, the Court has virtually guaranteed that the debate over affirmative ...