An instruction manual on how to use the constitutional idea of equality so that ethnic minorities do not become equal. (North American Federal Supreme Court: SFA, Inc. v. President and fellows of Harvard College and University of North Carolina, June 29

Authors

  • Fernando Rey Martínez Universidad de Valladolid

DOI:

https://doi.org/10.18042/cepc/redc.129.09

Abstract

The Ruling of the Federal Supreme Court of the United States on the admission systems race-conscious of the universities of Harvard and North Carolina, of June 29, 2023, is critically commented. The Court annuls this measure of affirmative action based on a colorblind interpretation of constitutional equality and applying the most rigorous standard of judicial control. The article proposes an alternative reading of constitutional equality and criticizes the numerous and serious argumentative weaknesses of the decision.

Published

2023-12-18

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES