John Roberts's Refusal to Defend Federal Statutes inMetroBroadcasting

[Paul Finkelman]

and some of the benefits of the Freedman's Bill -- like the first public 
schools in the South -- were available to whites if they had been 
interested in sending their children to school

Paul  Finkelman

Mark Tushnet wrote:

> IIRC, some of the benefits in the Freedman's Bill flowed to 
> Northerners (without regard to race) who relocated to the South (i.e., 
> carpetbaggers).  But I could be making this up.
>
> Sanford Levinson wrote:
>
>> David asks
>>  
>> 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.
>>  
>> sandy
>>
>>------------------------------------------------------------------------
>>
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>
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-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK  74105

918-631-3706 (voice)		
918-631-2194 (fax)

Paul-Finkelman at utulsa.edu


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