Discrete and Insular No More

Abstract

Ordinarily, court cases that address the Latino experience in the United States are presented as addenda to larger narratives-as casebook squibs. Hernandez v. Texas,' which explores the status of Mexican Americans as a "protected class," sits in the considerable shadow of Brown v. Board of Education, decided two weeks later. Discrimination based on language is presented as a minor variation on the central question of race in American constitutional law.' The 1975 extension of the Voting Rights Act to cover jurisdictions in which Latinos were denied access to the vote is a historical second thought. Courts and lawmakers have assessed Latinos' claims for recognition using, for the most part, the tools designed for the African American struggle for equality, which has often been tantamount to forcing square pegs into round holes.