Playing It Safe: How the Supreme Court Sidesteps Hard Cases and Stunts the Development of Law

By Lisa A. Kloppenberg | Go to book overview

Index
Abortion, 190, 213–35. See also Gender equity
Adarand Constructors, Inc. v. Pena, 120–21, 125–26, 132, 142–43
Advisory opinions, 110, 127, 198
Affirmative action: gender, 107, 121–22, 135, 190; hiring and contracting, 96; in higher education, see Ch. 4; other prefer- ences downplayed, 94, 117; politically di- visive, 122, 128, 133, 135, 143–46; race, 113–15; race-based scholarships, 123, 129, 131–32; remedies, 93, 103, 114–18, 123; reverse discrimination; 15, 93, 107, 114, 145; stigma, 93, 121
Age Discrimination in Employment Act (ADEA), 267–69
Alden v. Maine, 262–63, 270
Allen v. Wright, 74–83, 105–6, 108
Anti-affirmative action ballot measures, 130, 132–41. See also Direct democracy measures
Article I, 242, 261–64, 270
Article III, 14, 24, 42, 46, 48–49, 55, 58–59, 62, 64–66, 97, 106, 108, 145. See also Jus- ticiability doctrines
Avoidance doctrine: adequate and inde- pendent state grounds, 127; allows is- sues to “percolate” in lower courts, 99–100, 127, 276; basic criticisms of, 63, 65, 99–101, 121, 126, 143–44, 191, 219; basic justifications for, 3, 21; certifica- tion procedure, 27–29, 31, 271; desue- tude tactic, 197; flexible application of, 42, 46, 64, 122, 128, 140; hinders needed adaptations in the law, 100–101, 144–46, 192, 217; lack of guidance, 2, 5, 27, 121, 128, 141, 144, 219, 237, 269, 277; “last resort rule,” 111–12, 139, 177; “mea- sured steps,” 15, 115, 138, 209, 220–22; view of merits, 42, 46, 64, 122, 128, 225, 228, 237
Bakke v. Univ. of California at Davis, 95, 101–18, 122–25, 138, 144
Bennett v. Spear, 40, 52–57
Birth control. See Gender equity
Boerne (City of) v. Flores, 265–67
Bowers v. Hardwick, 151–54, 160, 175
Boy Scouts of America v. Dale, 168–71
Brady Bill, 246–47
Brown v. Board of Education, 7–8, 21, 91, 101, 116, 191, 216, 236, 272
Bush v. Gore, 1–2, 9–14, 273
Bush, George H. W., 132, 145, 219–20, 229
Carter, Jimmy, 44
Casey, Planned Parenthood v., 224, 229–32, 237
Certiorari denial, 4, 95–97, 121–22, 128, 131–32, 140, 238
Checks and balances, 83
Chicago Steel v. Citizens for a Better Envi- ronment, 40, 41, 50, 56–65, 105
Citizen suits provisions, 39, 40, 48–64
Civil liberties, 4, 14, 237
Civil rights issues, 9, 52, 103–4, 109, 111–17, 119, 123, 133, 137, 140, 188–89, 272–73
Civil rights movement, 134
Civil War, U.S., 7, 111, 116
Class action suits, 98–99, 111
Clean Water Act, 41, 61, 63–65
Cleveland Board of Education v. La Fleur, 209–13
Clinton, Bill, 94, 127, 129, 132–33, 142, 188, 230
Color-blind and color-conscious ap- proaches, 13. See also Ch. 4

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