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Politics : Impeach George W. Bush

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To: TigerPaw who wrote (18889)1/9/2003 12:36:36 PM
From: bearshark  Read Replies (1) of 93284
 
The law of the land.

"Accordingly, we hold today that all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny. In other words, such classifications are constitutional only if they are narrowly tailored measures that further compelling governmental interests.

"Finally, we wish to dispel the notion that strict scrutiny is "strict in theory, but fatal in fact." Fullilove, supra, at 519 (Marshall, J., concurring in judgment). The unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in this country is an unfortunate reality, and government is not disqualified from acting in response to it. As recently as 1987, for example, every Justice of this Court agreed that the Alabama Department of Public Safety's "pervasive, systematic, and obstinate discriminatory conduct" justified a narrowly tailored race based remedy. See United States v. Paradise, 480 U. S., at 167 (plurality opinion of Brennan, J.); id., at 190 (Stevens, J., concurring in judgment); id., at 196 (O'Connor, J., dissenting). When race based action is necessary to further a compelling interest, such action is within constitutional constraints if it satisfies the "narrow tailoring" test this Court has set out in previous cases."

Justice O'Connor, for the Court: Adarand Constructors v. Pena (93-1841), 515 U.S. 200 (1995).

supct.law.cornell.edu
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