Civil Rights
Feb. 21, 2001
Preference Principle
Ultimately, the conflict between the circuits must be resolved by the Supreme Court. But no case to do so is on the docket for this term.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
In recent years, affirmative action has taken a beating. The U.S. Supreme Court has held that race-based programs to benefit minorities must meet the same standard under the Equal Protection Clause - strict scrutiny - as government actions that disadvantage minorities. See, e.g., City of Richmo...
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