Is affirmative action a constitutionally permissible affirmative action program?
MultiRegion, United States of America
The following excerpt is from Coalition for Economic Equity v. Wilson, 122 F.3d 692 (9th Cir. 1997):
To hold that a democratically enacted affirmative action program is constitutionally permissible because the people have demonstrated a compelling state interest is hardly to hold that the program is constitutionally required. The Fourteenth Amendment, lest we lose sight of the forest for the trees, does not require what it barely permits.
CEE v. Wilson, 110 F.3d at 1446.
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