...scrutiny is strict in theory, but fatal in fact. Government is not disqualified from acting in response to the unhappy persistence of both the practice and the...discrimination against minority groups in this country. When race-based action is necessary to further a compelling interest, such action is within constitutional...

...tailored to achieve a compelling government interest — for example, to eliminate discrimination: "The unhappy persistence of both the practice and...is not disqualified from acting in response to it." Id. The same is true for sexism: gender-based affirmative action programs are an antidote to the sex...

...has repudiated in this case his or her previously expressed views on the subject ... is incorrect."); ("The unhappy persistence of both the practice and...not disqualified from acting in response to it."). While Justice O'Connor obviously does not believe that §5 shields Congress from strict scrutiny of...

..."we wish to dispel the notion that strict scrutiny is 'strict in theory, but fatal in fact'. . . . The unhappy persistence of both the practice and the...government is not disqualified from acting in response to it".44 Justice Scalia rejected even this possibility, however, arguing that "government can never have...

...questions about the constitutionality of many affirmative action programs, the Supreme Court noted, "The unhappy persistence of both the practice and...minority groups in this country is an unfortunate reality * * *." 36 33 The Gallup Poll Monthly, June 1990, p. 24. None of these comments was addressed directly...

...notion that strict scrutiny is 'strict in theory but fatal in fact,'" Justice O'Connor wrote, adding that "the unhappy persistence of both the practice...discrimination against minority groups in this country" might justify the use of racebased remedial measures in certain circumstances.21 In the voting rights...

...rejected the notion that "strict scrutiny" means "strict in theory, fatal in fact," and supported the view that "the unhappy persistence of both the practice...discrimination against minority groups in this country" may justify the use of racebased remedial measures. 115 S.Ct. at 2117. See id. at 2132, 2134 (Souter,...

...the Supreme Court said in Adarand or what has been mentioned in this hearing thus far, that there is the unhappy persistence of both the practice and the...discrimination against minority groups in this country. We cannot rationally assess affirmative action in a vacuum that considers only minor inconveniences...

...achieve a compelling government interest—for example, to eliminate past or continuing discrimination. T"he unhappy persistence of both the practice and...discrimination against minority groups in this country," she wrote, "is an unfortunate reality, and government is not disqualified from acting in response to...

...achieve a compelling government interest — for example, to eliminate past or continuing discrimination. The unhappy persistence of both the practice and the...discrimination against minority groups in this country," she wrote, "is an unfortunate reality, and government is not disqualified from acting in response to...