Adarand Constructors, Inc. v. Pe–a, 515 U.S. 200, 30 (1995)

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Cite as: 515 U. S. 200 (1995)

Opinion of the Court

a supposedly "benign" racial classification: "[E]ven though it is not the actual predicate for this legislation, a statute of this kind inevitably is perceived by many as resting on an assumption that those who are granted this special preference are less qualified in some respect that is identified purely by their race. Because that perception—especially when fostered by the Congress of the United States—can only exacerbate rather than reduce racial prejudice, it will delay the time when race will become a truly irrelevant, or at least insignificant, factor. Unless Congress clearly articulates the need and basis for a racial classification, and also tailors the classification to its justification, the Court should not uphold this kind of statute." Fullilove, 448 U. S., at 545 (dissenting opinion) (emphasis added; footnote omitted); see also id., at 537 ("Racial classifications are simply too pernicious to permit any but the most exact connection between justification and classification"); Croson, 488 U. S., at 516-517 (Stevens, J., concurring in part and concurring in judgment) ("Although [the legislation at issue] stigmatizes the disadvantaged class with the unproven charge of past racial discrimination, it actually imposes a greater stigma on its supposed beneficiaries"); supra, at 226; but cf. post, at 245- 246 (Stevens, J., dissenting). These passages make a persuasive case for requiring strict scrutiny of congressional racial classifications.

Perhaps it is not the standard of strict scrutiny itself, but our use of the concepts of "consistency" and "congruence" in conjunction with it, that leads Justice Stevens to dissent. According to Justice Stevens, our view of consistency "equate[s] remedial preferences with invidious discrimination," post, at 246, and ignores the difference between "an engine of oppression" and an effort "to foster equality in society," or, more colorfully, "between a 'No Trespassing' sign and a welcome mat," post, at 243, 245. It does nothing of the kind. The principle of consistency simply means that whenever the government treats any person unequally be-

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