The Court Cannot and Should Not be Neutral When Laws Discriminate on the Basis of Race or Sex
Mary Kate Martin, JD Anticipated May 2024 In recent U.S. Supreme Court decisions, and in arguments before the Court, the case has been made that the Court should be neutral. The petitioners in a pending affirmative action case have argued that colleges should be color blind in their admissions because the Constitution demands colorblindness. Additionally, Justice Kavanaugh’s concurrence in Dobbs argued that overruling Roe v. Wade was necessary to place the Court back in a neutral position. I argue that the …