“Washington v. Davis removes the judiciary from one of its most important roles — the protection of minorities. As such, the decision diminishes the courts and weakens the guarantee of equality. Perhaps the Washington decision may be regarded as a gentle reminder that courts are not necessarily the center of the equality universe and that undue reliance on them may wither available political resources and skills. Washington does not eliminate the quest for meaningful and palpable equality, but it does raise serious questions about the legitimacy of statutes which focus on result rather than intent. Legislation enacted pursuant to the thirteenth, fourteenth and fifteenth amendments which incorporates result-oriented or adverse impact standards is now clearly vulnerable on the grounds that legislative adoption of these standards usurps judicial power or violates the separation of powers.”

Source: Linda S. Greene. Twenty Years Of Civil Rights: How Firm A Foundation? 37 Rutgers L. Rev. 707,747-8. 1984-1985.


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