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all racial minorities, just because
some racial minority groups may have experienced discrimination. (See
But even if such discrimination did exist, the government still can t use race if its motive for doing so is racist, rather than to remedy its own past wrongs. An improper motive for using race taints an otherwise valid affirmative-action program, under Supreme Court decisions like
Shaw v. Hunt. Remedying governmental discrimination must be the government s “actual purpose” for using race, and the government s use of race is thus illegal if another motive “actually precipitate[d] the use of race.” (
So if Clarke signs off on federal affirmative action programs out of a belief in black superiority, that may render those affirmative-action programs unconstitutional, even if there actually were evidence of recent, systemic, intentional discrimination by the government against black people.