An Analysis of the Supreme Court’s Reliance on Racial 'Stigma' as a Constitutional Concept in Affirmative Action Cases

Abstract

This article addresses one of the asserted costs of affirmative action: stigmatization. The article offers structure to the debate over the definition and constitutional significance of the concept of “stigmatization” in the affirmative action context. In addition, the article sets forth a model for analyzing “stigma” as a constitutional concern, identifies particular strains of stigma on which the Supreme Court has relied, and analyzes the Supreme Court’s use of the concept in affirmative action cases.