id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cjrl-2331	Sharon, William	Neutral in Name: Rothe, the Error of Anticlassification, and the State of Race-Neutral Means	2018	34	.pdf	application/pdf	10165	496	52	In contrast, the Rothe court noted, § 637(a)(5) allows consideration of personal experience (e.g., subjection to racial prejudice) in gauging social disadvantage.126 Unlike Bakke, Rothe does not rely on race qua race, and therefore does not contain an express racial classification.127 Next, the Rothe court addressed § 637(a) from a disparate impact perspective.128 The court did not deny that, when it enacted the statute, Congress was aware of the racial effect § 637(a) would have.129 But Judge Pillard, writing for the majority, noted that congressional anticipation of disproportionate racial effects, absent a discriminatory purpose, does not condemn a law to strict scrutiny.130 “Mere foreseeability of racially disparate impact, without invidious purpose, does not trigger strict constitutional scrutiny. Racial affirmative action is based on antisubordination reasoning.58 That is, it relies on racial parity not as a means but as an end.	cache/cjrl-2331.pdf	txt/cjrl-2331.txt