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272 pages, Paperback
First published August 22, 2005
I think Justice Powell's fine-grained assessment of affirmative action was just right. It would be callous to ignore the tremendous and devastating imapct of racism on American life. In light of the particular harms inflicted on blacks in multiple institutional spheres, it has to be possible to override the understangint hat equal protection ordinarly applies to individuals, not racital groups, in order "not only to end discrimination," Justice Ruth Bader Ginsberg has hargued, "but also to counteract discrimation's lingering effects." But such exceptions must be narrowly tailored. They must serve a sufficient public purpose ot overcome a non-racial constututional and moral presumption, and they must be conditional on the character and strength of the teis that connect specific past harms to present remedies. Every violation of color-blind norms, in short, must be justified with the goal of a just color-blind society in mind. Impartiality shoudl be the predominant virtue. Wherever possible, race should not count for or against any given person.