If you start from the premise that all persons are being treated equally, regardless of race, then any form of racial distinction, whether discriminatory or preferential, would (and should) be a violation of equal rights guaranteed by the Constitution.But this country has a long history of treating Black persons unequally and that legacy, which persists today, has disadvantaged members of that race. Therefore, measures which are calculated to overcome those disadvantages are remedial and should not be deemed constitutional violations until such time as the ideal of equality for all has been achieved.Despite disingenuous declarations by some of the justices, when the court gutted the Voting Rights Act, we have not yet reached that goal.
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