Critically review, and defend and/or criticize, Justice Powells opinion in Regents of California v. Bakke (1978). Should the Court use strict scrutiny for all racial classifications, or only for those disadvantaging historically disadvantaged groups? Why? What can be said for and against Powells initial argument on this question of the level of scrutiny? Does Powells analysis of Daviss proffered justifications make sense? Why or why not? Is there really any difference between the means used by Davis (16 reserved seats) and the means used by Harvard (race as a plus factor)? Is Powells
argument defensible as the best way for the U.S. Supreme Court to respond to affirmative action in higher education?
Try to defend your own position against the very best things that could be said against it.
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