ABSTRACT

The Court is probably one vote away from overturning affirmative action in almost any conceivable circumstance. The city of Richmond v. Croson appealed the circuit court's decision to the Supreme Court, but most observers who had watched the development of the case recognized that the city was fighting a losing battle. The significance of the Supreme Court's instruction was evidenced by the circuit court's reversal of its own decision upon reconsideration. The theoretical position of the Court's right flank is not as uniform as its voting record. Antonin Scalia's position is clearly more extreme than that of White and even Justice Rehnquist. The Court's decision has serious implications for the approach that black political officials have taken to promote the economic interests of their constituents. The dilemma for black leadership is magnified when it is recognized that electoral victories in urban areas have not been necessarily translated into widespread economic gains.