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After Bakke, to the extent that Justice Powell spoke for the court, diversity became the sole permissible justification for taking race into account in admissions.
It is true that some language in those opinions might be read to suggest that remedying past discrimination is the only permissible justification for race-based governmental action.
Fallon confirmed that the legal definition of "imminent threat" – one aspect of permissible justification for carrying out strikes in self-defence – has departed from its original definition of imminence, meaning there was no time left for deliberation.
Maine's interest in protecting the health of its uninsured residents "provides a plainly permissible justification for a prior authorization requirement that is assumed to have only a minimal impact on Medicaid recipients' access to prescription drugs," Justice Stevens wrote.
However, moral disapproval of homosexuals as a class, or same-sex marriage as a practice, is not a permissible justification for a law".
The Mattachine Society's project is about preserving the historical record, but it also has an important legal purpose, which is demonstrating that anti-equality laws and regulations have long been grounded in hostility, or animus, which is not a permissible justification for discrimination.
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Some political philosophers and theorists place a requirement of public justification on the permissible use of state coercion or political power.
Therefore, in compliance with scientific justification, considerably higher maximum permissible activity levels for tritium should be considered.
Even if one concedes that potential immigrants are coerced, though, one might doubt that coercion cannot be permissible in the absence of democratic justification.
In the era of colorblindness, it is no longer socially permissible to use race, explicitly, as a justification for discrimination, exclusion, and social contempt.
Within the "morally permissible" set, different writers put forward different justifications.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com