Not exact matches
Rectifying disparities caused
by neutral policies forces the government to impose
racial classifications and quotas that require intentional discrimination against other citizens.
Critics of disparate impact have long pointed out that the doctrine actually compels discrimination, since remedying any disparities caused
by neutral policies requires
racial quotas and
classifications.
College, Enrollment, Gap, High school completer, Postsecondary institutions (basic
classification by level),
Racial / ethnic group
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.
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.
«Anything that's shorthand — that just is one step removed from mentioning race
by name — is a
racial classification.»
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.
Overall, the heterogeneity of
racial and SES
classification within and across the studies was such that it precluded analysis
by race and ethnicity or SES.