Three recent decisions requiring strict scrutiny of race-based programs put the future of racially preferential "affirmative action" programs in doubt. In Podberesky, the Fourth Circuit disallowed race-based scholarship programs. In Hopwood, the Fifth Circuit rejected diversity and held that remedying past discrimination (narrowly defined) was the sole justification for race-based admissions. In Adarand, the Supreme Court required strict scrutiny of federal as well as state race-based programs.
Graglia, Lino A.
"Podberesky, Hopwood, and Adarand: Implications for the Future of Race-Based Programs,"
Northern Illinois University Law Review: Vol. 16:
2, Article 3.
Available at: https://huskiecommons.lib.niu.edu/niulr/vol16/iss2/3
Northern Illinois University Law Review