37 ms·
My point is that case law vs an explicit statement of law is not the same. Judges in the future may rule that tech companies can pass strict scrutiny if they a
by javagram 7y ago
My point is that case law vs an explicit statement of law is not the same.
Judges in the future may rule that tech companies can pass strict scrutiny if they are discriminating against Asians in favor of other races, using similar arguments to those in education law.
This area of law is slippery because the text of Federal civil rights law doesn’t allow for discrimination, but case law (and arguably the original intent of the law’s authors) does.
There is currently a large movement in favor of “diversity” programs in hiring and I can see judges upholding them.
Absolutely reading the decision will be informative to everyone though.