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Limiting the Inevitable Damage

Strict Scrutiny

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Is There a 14th Amendment Problem?

Justice Barrett: I don't think we can assume that just because race is taken into account that that necessarily creates an equal protection problem. The framers themselves adopted the Equal Protection Clause in a race conscious way, Justice Barrett says. "That's not a race neutral or race blind idea," he adds. 'The entire point of the amendment was to secure rights of the freed former slaves'

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