Toward a Colorblind Constitution: Justice O'Connor's Narrowing of Affirmative Action

January 1998

Toward a Colorblind Constitution: Justice O'Connor's Narrowing of Affirmative Action
ITEM DETAILS
Type: Law review article
Author: Jennifer R. Byrne, student author
Source: St. Louis U. L.J.
Citation: 42 St. Louis U. L.J. 619 (1998)

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Article Text

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TOWARD A COLORBLIND CONSTITUTION:

JUSTICE O'CONNOR'S NARROWING OF AFFIRMATIVE ACTION

INTRODUCTION

We are a Nation not of black and white alone, but one teeming with divergent communities knitted together by various traditions and carried forth, above all, by individuals. Upon that basis, we are governed by one Constitution, pro viding a single guarantee of equal protection, one that extends equally to all citizens.1

With this statement, Justice O'Connor firmly established her adherence to the concept of a colorblind Constitution. Under this interpretation, the Consti tution attaches to individuals and not to groups, thus preserving "the equal worth, dignity, and respect of every individual regardless of race." 2 This reading of the Constitution plays a prominent role in Justice O'Connor's af firmative action jurisprudence.

Consistent with this interpretation of the Constitution, Justice O'Connor reviews constitutional challenges to affirmative action plans with strict scru tiny. Employing this standard of review, she has narrowed the permissible uses of affirmative action, thus reducing the instances of racial discrimination that unduly burden nonminorities and exacerbate racial hostilities. Her fair and open-minded approach has allowed employers, schools, and other entities to implement affirmative action plans to correct past discrimination while it has eliminated improper racial balancing not seeking to amend past injustices. Throughout her tenure, Justice O'Connor has

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