Toeing the Line : The US Supreme Court and Affirmative Action Politics.

Format:

Book

Author/Creator:

Moore, Nina M.

Series:

SUNY Series in American Constitutionalism Series

Language:

English

Subjects (All):

Affirmative action programs.

Race discrimination.

Physical Description:

1 online resource (337 pages)

Edition:

1st ed.

Place of Publication:

Albany : State University of New York Press, 2026.

Summary:

The first up-close look at how Supreme Court affirmative action rulings approximated America's racial politics between 1978 and 2023.Toeing the Line takes us on the first ever deep dive into the constitutional arguments behind Students for Fair Admissions (2023) and how those arguments mirror public preferences.

Contents:

Intro

Contents

List of Illustrations

Figures

Tables

Introduction

1. Affirmative Action Jurisprudence in Institutional, Political, and Historical Context

Institutional Context of the Supreme Court

Empirical Research on Political Influences and the Supreme Court

The History of Race Jurisprudence

Methods: Study Focus, Data, and Analytical Goal

Court Opinion Analysis

Racial Politics Analysis

Correspondence Analysis

Brief Primer on Affirmative Action

2. Burying the Past: That Was Then

This Is Now

Black History Is Passé

Court Opinion on Slavery and the Past

Politics of Slavery and Past Discrimination

Section Summary

What's Slavery Got to Do with It?

Court Opinion on Causes of Racial Inequality

The Politics of Causality

White History Equivalency: We Were All Victims at Some Point or Another

Court Opinion on White History Equivalency

Politics of White History Equivalency

3. The Reconstruction of Race and Racism

All Race Is Suspect

Court Opinion on Racial Classifications

The Colorblind Principle

Mind Over Matter

Inequality and the Court

Politics of Racial Disparity

Betrayal of Individualist and Civil Rights Ideals

Court Opinion on Affirmative Action versus American Ideals

Politics of Individual Rights

Racial Preference Is Racial Prejudice

Court Opinion on Prejudice and Discrimination

Politics of Prejudice

4. Judicial Policy Restraints on Racial Reform: What Can and Cannot Be Done

Race and the Colorblind Policy Standard

Court Opinion on Colorblind Policy

Colorblindness in Policymaking

Policy Restraints: What Cannot Be Done in the Name of Racial Equity and Justice

The Limited Promise of America.

Political Restraints

Anti-Racism Policy Options: What Can Be Done in the Name of Racial Equity

Legal Options

Politics of Anti-Racism and Diversity

Rules of Engagement

Court Requirements

Politics of Implementation

5. All Lives Matter: DEI and the Death of Affirmative Action

The "Diversity" in DEI

Court Opinion on DEI

Politics and Beneficiaries

Diversity Is for the Good of America

Court Opinion on America's Diversity

DEI Politics

Epilogue

Notes

References

Index.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

979-88-558-0698-4

979-88-558-0557-4

OCLC:

1568050461