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The plaintiffs' lawyers want to resubmit their claim using a new legal argument of "purposeful discrimination".
A three-judge panel in Philadelphia ordered the hearings on allegations that the eligibility requirements amounted to purposeful discrimination, which the plaintiffs said adversely affected the number of black college athletes qualifying for athletic scholarships.
In May, the American Civil Liberties Union asked state and federal agencies to investigate the "gross statistical disparities" and "purposeful discrimination" behind the recruitment practices of major Hollywood studios, networks and talent agencies.
In the argument today, Gena A. Bunn, chief of the Texas attorney general's capital litigation division, told the court that the lower courts' findings of an absence of purposeful discrimination in the jury selection were "fully supported by the record and are entitled to deference".
There is no purposeful discrimination between different clients – we want them all to perform very well.
"Batson is a rule about purposeful discrimination, about intent," said Kagan.
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"Just as buildings in California have a greater need to be earthquake-proofed, places where there is greater racial polarization in voting have a greater need for prophylactic measures to prevent purposeful race discrimination".
"Winning an election does not empower anyone in any party to engage in purposeful racial discrimination," the fourth circuit court of appeals ruled in the North Carolina case on Friday.
More specifically the Court concluded that laws passed with a discriminatory purpose are not excepted from the operation of the Equal Protection Clause by the "other crime" provision of Section 2. The Court held that Section 2 "was not designed to permit the purposeful racial discrimination which otherwise violates [Section] 1 of the Fourteenth Amendment".
That kind of intentional discrimination and purposeful segregation of higher educational institutions is old-hat now in our multiracial America.
(1) Homosexuals in our society have historically been the target of purposeful and often grievously harmful discrimination.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com