Legal Memorandum from Heritage authors Roger Clegg, Hans A. von Spakovsky, and Elizabeth Slattery.
Abstract:
Discrimination on the basis of race and ethnicity is unconstitutional, unlawful, and morally repugnant. The government should not sort people according to such innate characteristics, yet such criteria often factor into government programs and protections. Jobs should go to the most qualified individuals; contracts should be awarded to the lowest qualified bidders; the students who are most likely to excel academically should be admitted to taxpayer-funded universities; and all should be protected equally from discrimination. A number of states have enacted laws banning all forms of discrimination. Congress should eliminate racial discrimination in federal contracting and employment and federally funded programs, including educational institutions; require disclosure of preferential university admission policies; and limit and clarify when claims of “disparate impact” may be brought.
“In the eyes of the government, we are just one race here. It is American.”
—Supreme Court Justice Antonin Scalia