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If a court concludes that racial considerations predominated, then the redistricting plan is considered "racially gerrymandered" and must be subjected to strict scrutiny, meaning that the redistricting plan will be upheld as constitutional only if it is narrowly tailored to advance a compelling state interest.
Eight already ban racial considerations.
(The racial considerations were there but secondary).
President Clinton at the time called the Senate vote as a "disgraceful act" tinged by racial considerations.
The evidence taken together, however, does not show that racial considerations predominated in the drawing of District 12's boundaries.
Mrs. Clinton defeated Senator Obama Tuesday in a primary where racial considerations emerged as an unusually salient factor.
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The Washington and Michigan decisions follow a string of setbacks for proponents of racial consideration in university admissions.
The very stereotypical assumptions the Equal Protection Clause forbids underlie the argument that the Clause's general proscription on race based decisionmaking does not obtain in the districting context because redistricting involves racial consideration.
Other psychological studies have found evidence of racial consideration early on in toddlers' cognitive development.
"Contrast this unpleasantness with Barack Obama, who has established a 21st century standard of racial consideration that's figuring into just about every discussion of color these days.
Moments of this racial anger occurred under George W. Bush as well when his administration sought to dismantle affirmative action and racial consideration for college admission; although Bush himself had benefitted from legacy admission to college.
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