Brief Amici Curiae of the Coalition for Economic Equity, et al. in Support of Respondents in Grutter v. Bollinger, et al.
Legal Brief - February 18, 2003 -
- Petitioner's equal protection strict scrutiny analysis is flawed because it is grounded on an impoverished version of constitutional "colorblindness."
- Petitioner's and Amici's view of constitutional "colorblindness" disregards historical and social context and would render the strict scrutiny standard automatically "fatal-in-fact."
- Petitioner's version of constitutional colorblindness is impoverished because it contradicts the historic purpose and original meaning of the equal protection clause and civil rights laws - to foster genuine equality for groups subordinated under law and by social practice.
- Petitioner's view of colorblindness is impoverished because it perpetuates stark inequalities and deepens social divisions.
- Constitutional colorblindness, appropriately viewed, informs a strict scrutiny standard that carefully assesses race-based classifications while according an added measure of judicial respect for government initiatives designed to remove historically-rooted group disadvantages.
