I agree! We should continue to seek out injustice and punish those who seek to divide. The problem with Affirmative Action, EEO, etc. is they have no target date and will never end as long as someone is benefitting from the program(s). Many programs (welfare, housing assistance, social security, etc) all started as reasonable, responsible programs that a wealthy nation was fortunate enough to provide. Unfortunately the abuses now seem to outweigh the legitimate needs. Certain people and groups (like ACORN) know how to abuse the system and will eventually ruin these programs. Many people are now reluctant to support charities and quality social programs for the fear and knowledge that many will be as you say...bastardized. I hate the word entitlement! People that believe they're owed something really tick me off! :angryfire
What has me worried is that four members of the court did feel you could use racial discrimination to fight racial descrimination. That was close. Too close. The tests are probably True/False or multiple choice tests. Grading should not be a problem unless there were essay type questions. Of course there is also the possiblility that interviews and job performance evaluations were part of the process which would introduce an subjective aspect. But the issue was the test which had to be passed before any other element of the process became involved. Those who did what they had to do to pass the test, passed. Those who did not, did not pass. Life is tough. Next time study. Lesson learned.
It's because the law is too vague. The Board literally was in violation whichever way they ruled and the court had to choose between which was a worse Title VII violation. It's time for Congress to revise Title VII. This ain't the level playing field that MLK asked for.