Articles

Is there a de minimis exception to the Equal Protection Clause?

March 31, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Ralph W. Kasarda Would the government be correct in arguing that a public contracting scheme that discriminates and grants preferences on the basis of race is not subject to strict scrutiny, if the program discriminates only a little bit? I recently participated in oral argument before the Fourth Circuit Court of Appeals in PLF& ...