Adarand Constructors, Inc. v. Pe–a, 515 U.S. 200, 29 (1995)

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228

ADARAND CONSTRUCTORS, INC. v. PENA

Opinion of the Court

Justice Stevens concurs in our view that courts should take a skeptical view of all governmental racial classifications. Ibid. He also allows that "[n]othing is inherently wrong with applying a single standard to fundamentally different situations, as long as that standard takes relevant differences into account." Post, at 246. What he fails to recognize is that strict scrutiny does take "relevant differences" into account—indeed, that is its fundamental purpose. The point of carefully examining the interest asserted by the government in support of a racial classification, and the evidence offered to show that the classification is needed, is precisely to distinguish legitimate from illegitimate uses of race in governmental decisionmaking. See supra, at 226. And Justice Stevens concedes that "some cases may be difficult to classify," post, at 245, and n. 4; all the more reason, in our view, to examine all racial classifications carefully. Strict scrutiny does not "trea[t] dissimilar race-based decisions as though they were equally objectionable," post, at 245; to the contrary, it evaluates carefully all governmental race-based decisions in order to decide which are constitutionally objectionable and which are not. By requiring strict scrutiny of racial classifications, we require courts to make sure that a governmental classification based on race, which "so seldom provide[s] a relevant basis for disparate treatment," Fulli-love, 448 U. S., at 534 (Stevens, J., dissenting), is legitimate, before permitting unequal treatment based on race to proceed.

Justice Stevens chides us for our "supposed inability to differentiate between 'invidious' and 'benign' discrimination," because it is in his view sufficient that "people understand the difference between good intentions and bad." Post, at 245. But, as we have just explained, the point of strict scrutiny is to "differentiate between" permissible and impermissible governmental use of race. And Justice Stevens himself has already explained in his dissent in Full-ilove why "good intentions" alone are not enough to sustain

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