John Roberts's Refusal to Defend Federal Statutes
SLevinson at law.utexas.edu
Thu Sep 8 08:15:17 PDT 2005
As for the Reconstruction Congress's "affirmative action" program, were
these programs for "negroes" or for "freedmen?"
Let me suggest that this is truly a distinction without a difference,
especially in 1868, since I think it is fair to say that all of the
"freedmen" (and "freedwomen") were in fact also "Negroes." I suppose
that David's point is that previously free Blacks were not the
recipients of solititude or largesse from the Freedman's Bureau and
other similar agencies. Is that in fact the case (which wouldn't
surprise me)? Perhaps we can segue into a discussion of disparate
impact here, including whether a statute that refers to "all pregnant
people" is in fact a "gender classification" or not.
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