Equal Opportunity on trial
From the days of slavery to its historic 1954 ruling against racial segregation in Brown v. Board of Education, the U.S. Supreme Court has played a critical role in defining national policy on race and equality. This fall, with growing race relations under strain, the Court will enter the fray once again. In the next three cases, each of them hotly contested, the questions are essentially the same: How far do we need to go to insure equal opportunity for racial minority groups? And can our attempts to even the playing field violating the rights of the majority white?
The specific issues involved - minority representation in Congress, school desegregation programs, and federal support for minority-owned businesses - to strike the heart of the national debate over race and ethnicity. All three cases are highly divisive, “says Pamela Kalan, a professor of law at the University of Virginia.” Their outcome could further polarize [race relations] in the country. ”
Adding to the suspense is the fact that the Supreme Court has not issued a major decision on equal opportunity for several years. In a few key cases during the 1980s, the Court had begun to challenge the legality of special programs that give aid to ethnic minorities. Its last major ruling in 1990, a respected federal program that gives preference to minority in awarding licenses for TV and radio stations. But the decision was backed by a narrow 5-4 vote, and four of the five justices who sided with the majority have since retired.
The Court has grown increasingly conservative in recent years, and legal experts are watching this fall’s cases with special interest. Some believe the Justices may strike down … v
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