Civil Rights, Equal Opportunity, and Discrimination

According to the report, “Justice Brown’s opinions on civil rights law are perhaps the most troubling area of a very troubling body of work. These opinions reveal significant skepticism about the existence and impact of discrimination and demonstrate repeated efforts to limit the avenues available to victims of discrimination to obtain justice. Brown’s opinions in this area reveal a troubling disregard for precedent and stare decisis – even in the context of case law that has been settled by the U.S. Supreme Court.”

The report examines Brown opinions in cases involving racial discrimination, discrimination against people with disabilities and older Americans, and affirmative action. California’s Chief Justice criticized one of her opinions as arguing that “numerous decisions of the United States Supreme Court and this court” were “wrongly decided” and as representing a “serious distortion of history.”

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