The Pros And Cons Of Race-Based Classifications

Hi Jennifer, I agree with you, there shouldn’t be a difference on how race-based classifications designed to remedy past harms and race-based discrimination designed to exclude or harm others are treated. As you mentioned, they should be similarly assessed under the strict scrutiny standard of review. It is important to realize that affirmative action programs designed by the government are meant to remediate past harms of discriminations. As a result of these programs, not only did it addressed the discriminatory issue, but it also created inequality. Therefore, the strict scrutiny review would be the better method to evaluate race-based classifications. It further allows, the government to demonstrate that the program is “narrowly tailored