Is it a federal constitutional violation for a state to enforce racial discrimination in education?
MultiRegion, United States of America
The following excerpt is from U.S. v. Pitts, 908 F.2d 458 (9th Cir. 1990):
"[T]he conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation" so long as the "selection was [not] deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification."
Id. at 1335 (quoting Bordenkircher v. Hayes, 434 U.S. 357, 364, 98 S.Ct. 663, 668, 54 L.Ed.2d 604 (1978)).
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