While conservatives view Brown as prohibiting the government from using racial classifications
except in extraordinary circumstances, liberals believe the ruling leaves ample room for elected officials to take race into account when seeking to promote equal opportunity.
To limit the scope of the discussion in the remainder of this article, my focus in the sections below will be on the Principle of Treatment as an Individual Without Regard to Race, and my arguments will be based in part on examples and problems that are somewhat specific to the domain of racial classification
61) Thus, if evidence demonstrates that a racial classification
or other racially motivated state action is based on an illegitimate assumption or belief, racial politics, or a purpose to achieve racial balance, then the state action is unconstitutional per se, without subjecting the state action to strict scrutiny analysis.
burdened by an explicit racial classification
, strict scrutiny presumes
20, 2002) (explaining that Brazilians so frequently set forth Pele as the proof that "money Whitens" that it is also thought that Pele altered his official racial classification
on his identity documents).
Our racial classification
practices are hierarchical at two levels.
Racial appearance and descent played a role in the process of racial classification
Fisher argues that a racial classification
that produces such a small yield of enrolled students cannot be viewed as making a "constitutionally meaningful impact on student body diversity.
Pokroy said that her aim was to explore racial classification
and prejudice and even the notion of a ginger 'Utopia'.
Ferguson is the best treatment of how arbitrary racial classification
can be," he says, referring to the 1896 Supreme Court case that upheld state segregation laws.
While Erasmus's stated opposition to racial classification
as a social and administrative practice because of its patently "discriminatory, divisive, violent and totalizing discursive and power effects in the past, in the present and for the future" (2010a:4, emphasis added) is both pertinent and shared by other scholars (eg Stevens et al 2006), it is not without tensions.
On the other hand, the Court has expressly adopted the anti-classification view and it refers to the need to root out racial classification
schemes routinely in equal protection cases.