Cornell Law Review

Article

What is Discriminatory Intent?

Aziz Z. Huq, Frank and Bernice J. Greenberg Professor of Law, University of Chicago Law School.

The Constitution’s protection of racial and religious groups is organized around the concept of discriminatory intent. But the Supreme Court has never provided a crisp, single defini­tion of ‘discriminatory intent’ that applies across different in­ stitutions and public policy contexts. Instead, current jurisprudence tacks among numerous, competing conceptions of unconstitutional intent. Amplifying the doctrine’s complex­ity, the Court…

Jul 2018