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Is Race a Proximity for a Blunt Race Quota?
There is a difference between using race as a complete proxy and substitute for all other factors. It's often a question of fact here, and an something that is that requires a very, very, very close look. But to simply say, because you are of a certain race, factor alone, that factor alone, is going to grant you a preferential position in line for medical treatment, for example, that is going to be difficult to imagine the circumstance where that's going to be upheld lawfully. None. No circumstance. This would not be a good law school exam question. It's too easy. And so there is a holistic mix of factors can be applied.
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