Getting Past the Name-Calling: A Framework for Analyzing Affirmative Action Plans
Utah Bar Journal, Vol. 16, May 2004
4 Pages Posted: 20 Apr 2010
Date Written: May 2004
Where race is not used as a factor, then the means used does not classify according to a suspect trait - and judicial review is relatively undemanding: the end sought to be achieved may be merely a "legitimate governmental objective" which is reasonably likely to be achieved by the race-neutral means involved. Moreover, there is a presumption that the governmental conduct is proper, thus casting a substantial burden on the challenger to demonstrate invalidity.
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