Affirmative Action (was Re: Hate crimes)

Michael Hoover hoov at freenet.tlh.fl.us
Mon Oct 18 19:17:30 PDT 1999



> In a late Warren Court case, _San Antionio School District_, the Court, by
> 5 to 4 found class/income not to be a suspect classification. That would
> have been a borderline socialist revolution if they had made class a
> suspect classification. No such luck.
> CB

Believe that above was Burger court in 1973, decision holding that US Constitution does not preclude property taxes as method for funding local schools. While court majority thought that states relied too heavily on such taxes and that fiscal disparities should be eliminated, it left any action aimed at doing so to states. Crux of matter: Court stated that there is no federally guaranteed right to equal education. Unless a state's constitution had a provision covering allocation of school resources, court would refuse to hear case.

Not sure that it would be 'borderline socialist revolution,' but it would be interesting to see what might happen if financial need along was held to identify a suspect class for purposes of equal protection anlysis. Michael Hoover



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