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Article: Tribal justice. (Supreme Court affirmative action case)
- Article from:
- National Review
- Article date:
- April 24, 1987
CopyrightCOPYRIGHT 1987 National Review, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Tribal Justice
SWIFT'S FAMOUS description of lawyers comes tomind as one reads Justice William Brennan's tortuous majority opinion upholding the legality of a Santa Clara, California, affirmative-action plan. To be sure, there is something to be said for affirmative action, and it should be permitted as a voluntary matter in private institutions. The technical problem is that it's against the law.
If, that is, the law means anything. In the case athand, Santa Clara County hired a woman in preference to a man who had scored slightly higher on the oral employment test they both took. Title VII of the 1964 Civil Rights Act plainly forbids an employer to ...