Current Developments in State Action and Equal Protection of the Law

Comment, Current Developments in State Action and Equal Protection of the Law, 4 Gonz. L. Rev. 233 (1969)

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“Private Club, Members Only!” “That house was just sold, but we do have some comfortable homes in other areas.” “Sorry, buddy, full up!” “I don’t know how to cut hair like yours; you’d better go somewhere else.” These are the sounds of discrimination in America. They are readily recognized and have been heard so consistently and so frequently that discrimination has become a folkway of American life. However, this folkway, this etiquette of race relations, this tacit system of insult, has bred the most cancerous ills in American society and has resulted in some vexing problems of foreign policy for the United States.

Because of its deleterious effects, the federal courts began to undermine the legal basis of discrimination. Later, Congress joined in the attack. The purpose of this comment is to analyze the remedial efforts of the Supreme Court and the Congress to end discrimination and the likely course of such efforts in the future. Also, this article will discuss the problem of discrimination in relation to the discretionary powers of the prosecuting attorney and the possibility of finding state action in the workings and operations of private schools and private clubs. . . .

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