But the Court eventually understood that these laws relied
on racial classifications.
Not exact matches
... To deny this fundamental freedom
on so unsupportable a basis as the
racial classifications embodied in these statutes,
classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law.
AS a
racial classification, the term Caucasian has many flaws, dating as it does from a time when the study of race was based
on skull
This set him apart from his more - liberal colleagues, who viewed Brown v. Board of Education (1954) not as a prohibition
on the use of
racial classifications in education, but rather as a mandate for judges to do whatever they could to promote «equal educational opportunity.»
The school districts have not carried their heavy burden of showing that the interest they seek to achieve justifies the extreme means they have chosen — discriminating among individual students based
on race by relying upon
racial classifications in making school assignments.
Those entrusted with directing our public schools can bring to bear the creativity of experts, parents, administrators, and other concerned citizens to find a way to achieve the compelling interests they face without resorting to widespread governmental allocation of benefits and burdens
on the basis of
racial classifications.
Searle's work confronts head -
on this history and the obsession with
racial classification which ensued.
Furthermore, it puts a satirical premium
on «whiteness», ridiculing the superficial luxury of
racial classification as well as critiquing the hard social realities of street vending experienced by those who have been discriminated against in terms of race or class.
«That sort of involuntary association based
on nothing but [lineage] is indeed a
racial classification,» he says.
In Gratz it is emphasized that
racial classifications are subject to strict scrutiny, thus must be narrowly tailored, and a system automatically awarding points or disqualifying applicants based
on race is not narrowly tailored.
By hitching the meaning of the Equal Protection Clause to these transitory considerations, we would be holding, as a constitutional principle, that judicial scrutiny of
classifications touching
on racial and ethnic background may vary with the ebb and flow of political forces.
Although evidentiary submissions may help answer it, the question is, like the question whether
racial or sex - based
classifications communicate an invidious message, in large part a legal question to be answered
on the basis of judicial interpretation of social facts.»