| United States. Congress. Senate. Committee on Labor and Human Resources - 1995 - 114 strani
...programs, it observed that: "The unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in...is not disqualified from acting in response to it." In his dissenting opinion, Justice Souter eloquently sets forth the well-documented effects of discrimination:... | |
| United States. Congress. Senate. Committee on Labor and Human Resources - 1995 - 116 strani
...the Court raised the standard of review for Federal affirmative action programs, it observed that: 24 country is an unfortunate reality, and government...is not disqualified from acting in response to it." In his dissenting opinion, Justice Souter eloquently sets forth the well-documented effects of discrimination:... | |
| Gara Lamarche - 1996 - 180 strani
...subject ... is incorrect."); ("The unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in...not disqualified from acting in response to it."). While Justice O'Connor obviously does not believe that §5 shields Congress from strict scrutiny of... | |
| Albert G. Mosley, Nicholas Capaldi - 1996 - 164 strani
...theory, but fatal in fact'. . . . The unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in...government is not disqualified from acting in response to it".44 Justice Scalia rejected even this possibility, however, arguing that "government can never have... | |
| United States. Congress. Senate. Committee on the Judiciary - 1997 - 89 strani
...She said, The unhappy persistence of both the practice and the lingering effects of discrimination in this country is an unfortunate reality and government...is not disqualified from acting in response to it. So the key to carrying out that statement, in my view, is for governments and companies and educational... | |
| United States. Congress. Senate. Committee on Labor and Human Resources - 1996 - 76 strani
...the lingering effects of racial discrimination against minority groups in this country," she wrote, "is an unfortunate reality, and government is not disqualified from acting in response to it." Id. Under S. 1085, however, all federal affirmative action programs apparently would be absolutely prohibited,... | |
| United States. Congress. Senate. Committee on Labor and Human Resources - 1996 - 92 strani
...case, Justice O'Connor wrote: "The unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in this country is an unfortunate reality, and the Government is not disqualified from acting in response to it. The same must be acknowledged of... | |
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