Study Notes on RACE IN THE 21ST CENTURY: EQUALITY THROUGH LAW?
I. Introduction
In 1989, the Supreme Court decided several important civil rights cases that elicited dismay from civil rights leaders:
Decisions Examples:
Public Employees Retirement Sys. v. Betts, 109 S. Ct. 2854 (1989)
Independent Fed’n of Flight Attendants v. Zipes, 109 S. Ct. 2732 (1989)
Jett v. Dallas Indep. School Dist, 109 S. Ct. 2702 (1989)
Patterson v. McLean Credit Union, 109 S. Ct. 2363 (1989)
Lorance v. AT&T Technologies, 109 S. Ct. 2261 (1989)
Martin v. Wilks, 109 S. Ct. 2180 (1989)
Wards Cove Packing Co. v. Atonio, 109 S. Ct. 2115 (1989)
II. Theme of Formalism and Equality
Formalism: tendency to interpret laws without regard to context or potential impacts.
Seen in cases like Wards Cove Packing Co. v. Atonio and Patterson v. McLean Credit Union.
A. Wards Cove Packing Co. v. Atonio
This case significantly changed employment discrimination law.
The Court ruled that policies maintaining segregation in the workplace were considered socially neutral.
Employed statistical reasoning without considering historical context.
Key Issues Addressed:
Racial disparities in workforce.
Employment selection should reflect the pool of qualified applicants.
Dismissed the lower court's reliance on statistical evidence of segregation, favoring a strong burden of proof on the plaintiffs to show discrepancies.
The Court suggested more rigorous comparisons must be made to show diversified hiring was inhibited.
B. Patterson v. McLean Credit Union
Addressed racial discrimination and harassment in employment under section 1981.
Brenda Patterson's claims of harassment were deemed non-actionable under the statute.
Justice Kennedy limited the interpretation to "making" and "enforcing" contracts, excluding conduct happening after employment begins.
The ruling suggested that section 1981 does not pertain to conditions of employment but solely to contract formation.
C. Impact of these Rulings
Restricted the ability for employees, especially black employees, to combat workplace discrimination effectively.
The Court indicated that strict analysis of equal protection led to limited scope for civil rights.
III. Politics and Equality
Political Implications
Cases like Wards Cove and Patterson could be overturned with new legislation, but this poses reliance on fluctuating political majorities.
Martin v. Wilks highlighted limits imposed on black political strategies in job placements.
City of Richmond v. J. A. Croson Co.: The constitutionality of the Richmond Minority Business Utilization Plan which set aside contracts for minority firms faced strict scrutiny.
It required proof of direct discrimination rather than societal context of discrimination which was difficult to quantify.
IV. Rights of Whites
Supreme Court decisions have increasingly favored protecting the rights of white individuals.
Case Examination: Martin v. Wilks where white firefighters contested promotions based on a consent decree favoring black candidates.
The Court ruled this collateral attack was permissible, allowing multiple challenges against consent decrees made by black citizens.
Example of Impact: The interest of white workers now took precedent over historical claims of black workers.
V. Conclusion
The concept of achieving racial equality through law is challenged by these Supreme Court decisions.
Charles Hamilton Houston and Ralph Bunche expressed skepticism towards reliance on judicial systems for civil rights advancements.
The new structure anticipated by recent decisions legitimizes racial inequity, aligning judicial interpretations closely with the preferences of historical beneficiaries of segregation.
Reflection on the broader implications emphasizes the need for ongoing activism outside of traditional legal frameworks to ensure the pursuit of meaningful equality is sustained.