An answer to which one of the following questions would be most relevant to determining whether an action can be clas...

Mida on November 16, 2019

please explain

please explain

1 Reply

Irina on November 17, 2019


The passage tells us that in disallowing racially restrictive covenants, the Court relied on the equal protection clause of the 14th amendment, which normally applies only to state rather than private action (line 19). The Court justified its decision by arguing that responsibility for a contract's substantive provisions should be attributed to the state when a court enforces it, thus the courts could only enforce such contractual provisions that could have been enacted into general law (lines 24-30). Thus, the most relevant question is "to what agent can performance of the action be ascribed?" If the action can be attributed to the state - as is the case with enforcement of the contractual provisions - then it can be classified as the "state action" according to the Supreme Court.