Article: U-Md. Ruling Threatens Traditional Affirmative Action

The federal appeals court that rejected a University of Maryland scholarship program exclusively for blacks was following a relatively new judicial trend of tougher scrutiny of affirmative action programs.

On Thursday, the Richmond-based panel also imposed a high standard for evidence of past discrimination to justify a blacks-only program. People on both sides of the volatile issue say the standard is exceedingly difficult for proponents of special minority scholarships to meet.

Overall, the decision will become part of a patchwork of rulings by federal courts on all levels that cast doubt on the validity of government programs that benefit racial minorities. The difficult issue has ...

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