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Notes -
Are there rulings saying it doesn't? I'm not familiar with the subject but I would have guessed that it is already interpreted that way but the selective enforcement happens at some other stage of the process.
Grutter v. Bollinger which is one of the two cases that established the current standard is explicitly laid on the idea that race conscious programs to help "underrepresented minority groups" are a temporary measure. And says "that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today."
SCOTUS has suspended the constitutional rights of whites on this issue for 19 years and counting pretty much. We'll see if they change their mind this time.
Right, I was wondering if he was referring to something other than affirmative-action itself. But I guess the affirmative-action carve-out is already broad enough that it can be used to justify most relevant forms of discrimination against whites and asians. Compared to employment it doesn't much matter whether restaurants are allowed to refuse to serve white people.
I was thinking about how the lawsuit against Youtube regarding their employment discrimination against white/asian men was apparently considered worth attempting, but that's probably because the methods used were so overt (like the recruiter plaintiff being told to "immediately cancel all Level 3 (0-5 years experience) software engineering interviews with every single applicant who was not either female, Black or Hispanic") that they thought it might fall outside the carve-out. Plus looking at the lawsuit it's all based on state-level laws. (Though there's a mention of the plaintiff telling them "it violated state and federal law".)
Note that lawsuit just kind of vanished into the system, which happens often to such "reverse" discrimination lawsuits.
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Did that lawsuit ever go anywhere? It just vanished from the news.
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