Post-racial constitutionalism and the Roberts Court : rhetorical neutrality and the perpetuation of inequality / Cedric Merlin Powell.
2023
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Title
Post-racial constitutionalism and the Roberts Court : rhetorical neutrality and the perpetuation of inequality / Cedric Merlin Powell.
Imprint
Cambridge : Cambridge University Press, 2023.
Description
1 online resource (xv, 235 pages) : digital, PDF file(s)
Formatted Contents Note
Rhetorical neutrality and post-racial historicism
The Burger and Rehnquist courts : transitional equality and post-racial colorblindness
The Roberts Court and post-racial constitutionalism
Post-racial process discourse : Schuette v. Coalition to Defend Affirmative Action
Fisher II : post-racial process values and the diversity myth
Ricci v. DeStefano : post-racial neutrality, opportunity, and results
Texas Department of Housing Affairs v. The Inclusive Communities Project, Inc. : disparate impact and post-racialism
Voting rights : contrived federalism and the problem of second-generation discrimination
The third (new) reconstruction in a post-racial age.
The Burger and Rehnquist courts : transitional equality and post-racial colorblindness
The Roberts Court and post-racial constitutionalism
Post-racial process discourse : Schuette v. Coalition to Defend Affirmative Action
Fisher II : post-racial process values and the diversity myth
Ricci v. DeStefano : post-racial neutrality, opportunity, and results
Texas Department of Housing Affairs v. The Inclusive Communities Project, Inc. : disparate impact and post-racialism
Voting rights : contrived federalism and the problem of second-generation discrimination
The third (new) reconstruction in a post-racial age.
Summary
Post-Racial Constitutionalism and the Roberts Court: Rhetorical Neutrality and the Perpetuation of Inequality provides the first comprehensive Critical Race Theory critique of the United States Supreme Court under Chief Justice John Roberts. Since being named to the Court in 2005, Chief Justice Roberts has maintained a position of neutrality in his opinions on race. By dissecting neutrality and how it functions as a unifying feature in all the Court's race jurisprudence, this book illustrates the consequences of this ostensible impartiality. By examining the Court's racial jurisprudence dating back to the Reconstruction, the book shows how the Court has actively rationalized systemic oppression through neutral rhetoric and the elevation of process-based decisional values, which are rooted in democratic myths of inclusivity and openness. Timely and trenchant, the book illustrates the permanence of racism and how neutrality must be rejected to achieve true empowerment and substantive equality.
Note
Title from publisher's bibliographic system (viewed on 27 Oct 2022).
Location
www
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Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781108878227 (ebook)
9781108839945 (hardback)
9781108813860 (paperback)
9781108839945 (hardback)
9781108813860 (paperback)
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