"Engines of the Ruling Party": The Establishment Clause and the Power Politics of "Managing Diversity"

Authors

Robert A. Destro, The Catholic University of America, Columbus School of Law

Document Type

Article

Publication Date

2023

Abstract

This Essay argues that the Supreme Court's Religion Clauses jurisprudence since Everson v. Board of Education is best understood as part of an ongoing effort by the Court to "manage" the racial, religious, and cultural politics of the nation. Since its infamous decision in Dred Scott v. Sandford, the Court's race and sex discrimination jurisprudence offers equally compelling examples of the ways in which the Justices have sought to sought to control-or "manage"- the racial, ethnic, and cultural composition of the nation's major culture-forming institutions (i.e., to "manage diversity"). Its Religion Clauses jurisprudence, by contrast, offers the clearest examples of how it has utilized its Article III power to adjudicate to manage the content of the cultural "politics of power.

Recommended Citation

Robert A. Destro, "Engines of the Ruling Party": The Establishment Clause and the Power Politics of "Managing Diversity", 74 Hastings L.J. 1683 (2023).