It is almost always unconstitutional for the government (and any private program that receives federal money) to discriminate on the basis of race and ethnicity. There is no “compelling” interest to do so here. It may be that a disproportionate number of blacks and Latinos are at-risk, but many are not, and many whites, Asians, and others are. This is just another kind of “profiling.”Nor will it do to say that there are other programs available for those being excluded here, as one White House official is quoted as saying. This is just another separate-but-equal argument.
February 28, 2014 at 8:45 AM EST