Irrational Basis Review
Irrational Basis Review
Leah Litman Melissa Murray Kate Shaw
Race Conscious Remedies
18 minutes Posted Jan 14, 2022 at 10:00 am.
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In Korematsu v. United States, the Supreme Court said that laws that distinguish between people on the basis of race are subject to strict scrutiny. And it purportedly applied that standard in Brown v. Board of Education, the case holding that racial segregation in schools was unconstitutional. In the past couple of decades, however, a new question has arisen—should strict scrutiny apply to laws that distinguish on the basis of race in order to help minorities?