Undignified: The Supreme Court, Racial Justice, and Dignity Claims

This manuscript responds to scholars who believe that dignity-based claims can lead to a more expansive racial justice doctrine. Although several Supreme Court decisions invoke dignity to promote equality and other values, there are many reasons to remain guarded about the successful usage of dignity claims by racial justice plaintiffs. Dignity is an amorphous concept, which allows for judicial discretion and ideology to impact the outcome of cases. Furthermore, in existing precedent, the Court has invoked the dignity of whites and of states to invalidate race-based remedies and civil rights policies. Accordingly, the assertion that a new theory of equality - rooted in dignity - could advance racial justice requires serious scrutiny.