Racial preference

Racial characteristics seldom provided a relevant basis for disparate treatment, therefore the right of equality of all citizens demanded that racial classifications be subjected to the most rigid judicial scrutiny

Government bore the burden of proof to demonstrate with clarity that its purpose or interest was both constitutionally permissible and substantial, and that its use of the classification was necessary to the accomplishment of its purpose

In all contexts, racial classifications were permitted only as a last resort, when all else had failed

Judicial review must begin from the position that any official action that treated a person differently on account of his race or ethnic origin was inherently suspect

Racial and ethnic distinctions of any sort were inherently suspect and thus called for the most exacting judicial examination

Under strict scrutiny, the use of race must be necessary to further a compelling governmental interest, and the means employed must be "specifically and narrowly'" tailored to accomplish the compelling interest

Analysis and level of judicial scrutiny applied to determine the validity of a racial classification did not vary simply because the objective appeared acceptable

Nor did the standard of judicial review depend on the race of those burdened or benefited by a particular classification

Any person, of whatever race, had the right to demand that any governmental actor subject to the Constitution justify any racial classification subjecting that person to unequal treatment under the strictest of judicial scrutiny.