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Modern Conservative Judicial Activism in the Supreme Court and the Entrenchment of Privilege as a Rights ClaimMooradian, Carmen Beatriz B. 01 April 2013 (has links)
In this work , I analyze the emergence of a series of Supreme Court cases in the Rehnquist and Roberts era which frame race-conscious legislation as discriminatory against whites; and which are responded to by the conservative justices as though anticlassification and reverse-discrimination are indeed rights claims. I analyze the response of the conservative justices to such claims, and posit that response of the conservative Justices to such cases constitutes activism. Further, the emergence of these cases can be attributed to the entrenchment of a colorblind narrative that is by its very nature not grounded in social reality, or historical context; and which aims to elevate the privileges of whiteness into rights. The implications of these narratives and conservative judicial activism will have monumental consequences for minority populations of color in the country.
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