Ryan T. Williams (Duquesne University School of Law) has posted The Great Regression (The Michigan State Law Review, 2024)) on SSRN. Here is the abstract:
The United States has historically been dominated by affluent White male leadership. However, recent decades have witnessed significant demographic and sociopolitical shifts. The civil rights movement and landmark decisions like Roe v. Wade paved the way for women and underrepresented minorities to enter the white-collar workforce and rise to prominent positions. Concurrent with these advancements are demographic projections indicating America will become a majority-minority nation within the next twenty years, causing the predominantly White male establishment to become acutely aware of their diminishing sociopolitical influence. This article scrutinizes recent Supreme Court's decisions, which appear to be reactionary measures. It examines how the seminal rulings of Twombly, Iqbal, Dobbs, and Students for Fair Admissions, have systematically undermined the progress of women and minorities by imposing more stringent requirements for discrimination lawsuits, stripping women of reproductive rights and eliminating race as a factor in college admissions. These judicial decisions exacerbate existing disparities at the intersections of gender, race, and class, and intentionally embed systemic inequity within the legal framework. This article delves into the broader implications of these rulings, arguing that they represent a strategic effort to restore White male hegemony within power structures. By analyzing the historical context and legal nuances of these decisions, this article offers a critical perspective on the ongoing struggle for equality and the subtle mechanisms through which power is retained. This exploration is essential for understanding the current and future landscape of American sociopolitical dynamics and the role of the judiciary in shaping these outcomes.
