Podcast
Strict Scrutiny
This article was mentioned in the context of the court being tired of having to enact legislation to help minorities, similar to the sentiment in older civil rights cases. The speaker highlighted that the article suggests the country was 'born tired' of equality, implying resistance to equality has always existed.
Like haven't we gotten to the point where race doesn't matter whether it's an education or voting or whatnot? Like how as advocates do you make the case that race continues to matter over and over and...
— Episode: Born Tired
Episode: Born Tired
This article was mentioned in the context of the court being tired of having to enact legislation to help minorities, similar to the sentiment in older civil rights cases. The speaker highlighted that the article suggests the country was 'born tired' of equality, implying resistance to equality has always existed.
Like haven't we gotten to the point where race doesn't matter whether it's an education or voting or whatnot? Like how as advocates do you make the case that race continues to matter over and over and over again?
I actually took a different point from Darren's article, which was that the civil rights cases and that line in particular, the special favorites. There comes a time when a man must cease to be the special favorites of the laws.
And so I think Darren's article is really an essential read in many respects because this idea of being tired of too much justice is something that runs through the cases.
For those who are frantically googling to try and find this article, it is called Racial Exhaustion by Professor Darren Leonard Hutchinson. And it appears in the 86th volume of the Washington University Law Review.