Public deliberation, affirmative action, and the Supreme Court

Article Abstract:

The US Supreme Court's affirmative action jurisprudence has been criticized for failing to establish clear standards, but the Court's casuistical approach may serve the function of promoting public debate by not deciding issues resolutely. When difficult policy decisions are at issue and social norms impair expressions of public opinion, the Court can serve a valuable function by framing the issue. The Court may choose to do so when it believes that the other branches of government should act. It is uncertain whether this approach is appropriate for affirmative action.

Social aspects, Analysis, Affirmative action, Judicial review, Casuistry

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Who measures the chancellor's foot? The inherent remedial authority of the federal courts

Article Abstract:

The federal courts have overstepped their constitutional authority in fashioning structural injunctions, such as those imposed in Missouri v. Jenkins, on local governments and institutions. If such structural reform is needed, the courts should identify violations of the Constitution and the Congress or the President should act under their power to remedy such violations. The legislative and executive branches are better suited to managing institutional reforms than the federal courts are.

Remedies, Federal courts, Powers and duties, Judicial power, Race discrimination

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