once gov't is in the business of providing a certain service, then is the gov't supposed to be blind to exterior factors?
palmour: court says that it can't control prejudices but it can limit the effects of the prejudices (similar test employed to locurto)
back to adarand: why does the state of CO historically spend more of its money on caucasian vendors instead of on
affirmative action is not an equalization system that just happened to choose skin color, it is based on something we socially understand of a racial subordination system.
do we care as much if the actors are private or public?
heightened scrutiny: the court hasn't really tried to say how strict scrutiny works... keep in mind that it's got a lot of politics and imprecision
after brown, de jure segregation is doomed. now, this case: when people are incarcerated, in an early assessment phase of the imprisonment, race based prisons (in prison gang violence tends to be race based and ethnically affiliated).
university of michigan.
THAT'S US.
6 years ago
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