Exact(4)
Respondents' asserted justification for the law school's use of race in the admissions process is "obtaining the educational benefits that flow from a diverse student body".
The District Court quite properly rejected this asserted justification, for [p524] "[t]he saving of welfare costs cannot justify an otherwise invidious classification". Shapiro v. Thompson, supra, at 633.
The Court's asserted justification for invalidating the New York law is the public interest discerned by the Court to underlie the First Amendment in the free flow of commercial information.
The Department of Transportation's asserted justification for opposing state pay-to-play reform efforts is that banning pay-to-play practices might potentially prevent some businesses from bidding, and that such a restriction on competitive bidding might potentially drive up the cost of projects.
Similar(56)
Given the infirmities in the asserted justifications for § 1107(f), I think the imposition of administrative costs on only one class of those persons seeking pretrial release violates the Equal Protection Clause of the Fourteenth Amendment.
In response, Hamdi emphasizes that this court consistently has recognized that an individual challenging his detention may not be held at the will of the executive without recourse to some proceeding before a neutral tribunal to determine whether the executive's asserted justifications for that detention have basis in fact and warrant in law.
But it urged the Supreme Court to send the case back to the lower courts for inquiry into whether New Haven's asserted justification was a pretext for intentional race discrimination against the white firefighters.
"Thus the asserted justifications cannot and do not conceal the State's true motivation," she wrote.
Thus the asserted justifications cannot and do not conceal the State's true motivation.
It's worse, because the very diversity of the elite is asserted as justification for the non-discriminatory nature of capitalism.
Before this Court, as they have throughout this litigation, respondents assert only one justification for their use of race in the admissions process: obtaining "the educational benefits that flow from a diverse student body".
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