A Comment on Justice O'Connor's Quest for Power and Its Impact on African American Wealth
January 2001
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A COMMENT ON JUSTICE O'CONNOR'S QUEST FOR POWER AND ITS IMPACT ON AFRICAN AMERICAN WEALTH
JOAN TARPLEY*
INTRODUCTION 117
THEAFFIRMATIVEACTIONDECISIONS 120
Cases 122
Causes 127
African American Wealth 131
m. THEPoLmCIANATWORK 136
The Battles 136
Power Politics at Grass Roots Extremity 139
A Theoretical Analysis of O'Connor's Quest/or Power 144
IV. CONCLUSION 147
INTRODUCTION
The distribution of wealth depends, not wholly, indeed, but largely, on a [society's] institutions; and the character of [a society's] institutions is detennined, not by immutable economic laws, but by the values, preferences, interests and ideals which rule at any moment in a given society.1
In general, African Americans didnot experience the "wealth effect'' connected with the booming American economy of the 1990s.2 This Essay addresses the asset poverty of blacks in America and how the Supreme Court's affirmative action decisions play a role in continuing that poverty. In particular, this Essay addresses how Justice Sandra Day O'Connor's affirmative action opinions further institutionalize the "whiteness as property"3 character of America's institutions. 0 'Connor is the subject of this Essay rather than one of the other conservatives on the Court because, as this Essay will demonstrate, she writes as a moderate voice so that she can be the Court's point person on some of the "hot button" issues.
- Professor of Law, Mercer University, Walter F. George School of Law. B.A.,