Benign Racial Classification
BENIGN RACIAL CLASSIFICATION
Although race must always be regarded as a suspect classification, there are circumstances in which official racial discrimination may be constitutionally permissible because the purpose is "benign and ameliorative." In United States v. Montgomery County Board of Education (1969), for example, the Supreme Court upheld a system of racial quotas for teachers imposed by a federal judge as part of a desegregation program. In regents of university of california v. bakke (1978) the Court invalidated quotas but indicated that preferential treatment of minority applicants would be acceptable. The question remains whether the government can sponsor affirmative action without denying any person equal protection of the laws.
Dennis J. Mahoney
(1986)
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In the Supreme Court of the United States
No. 78–18, 1971 Term
Jane Roe, John Doe, Mary Doe, and James Hubert Hallford, M.D. Appel…
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Benign Racial Classification