ABSTRACT
This chapter examines how the claim emerges in the most recent case in Equal Protection jurisprudence, Fisher v. It concerns with claim of the slave as neither the reproduction of the claimant's objecthood nor the validation of the claimant's subjectivity, but rather, with its enduring force against and in excess of the law's animation of rights through the protocols of judicial review. The decision simultaneously waits for the unfolding of a more precise application of Equal Protection doctrine on affirmative action and can not wait to be done with it altogether. The history of federal anti-discrimination law in the twentieth century features two momentous events. The first is Brown v. Board of Education, when the Supreme Court breathed new life into Section 1 of the Fourteenth Amendment. The second is the passage of the Civil Rights Act of 1964, the first major federal anti-discrimination legislation enacted since 1875.
