University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1970 Egalitarianism and the Warren Court Philip B. Kurland Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Philip B. Kurland, "Egalitarianism and the Warren Court," 68 Michigan Law Review 629 (1970). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. EGALITARIANISM AND THE WARREN COURTt Philip B. Kurland* late as 1966, an English philosopher could say that the word "equality," unlike the words "freedom," "liberty," and "jus- tice," was not a "value word" but only a descriptive one.- He was not denigrating the term or the concept. He was saying that "when people talk about equality in a political or moral context what they really mean to talk about is some closely evaluative concept, such as impartiality or justice."2 What may have been true in England in 1966 was only partially true in the United States. While the word "equality" may still be used here to invoke other notions, it has now developed charisma-to use another word that became pop- ular at the same time. Equality is the banner behind which there have been, both literally and figuratively, many marchers. In consti- tutional terms, "equality" has become the first freedom.3 It is a goal-a value-in itself that, to many, needs little or no justifica- tion.