Различает ли Фемида цвета? Верховный суд США против позитивной дискриминации

Abstract

The article discusses the recent decision of the US Supreme Court in the case of «affirmative discrimination» in universities. «Positive discrimination» or «affirmative action» is a system of preferences, in this case for admission to a university, provided to historically disadvantaged racial and ethnic minorities. The question is whether such measures comply with the constitutional principle of «equal protection of the law» and whether they infringe on the rights of other ethnic groups. Previously, the Supreme Court recognised some «affirmative action» programmes in universities as constitutional, albeit with serious reservations. According to the Supreme Court, such a programme, in order to be recognised as legitimate, must undergo «strict control» by the court. In this case, the Supreme Court, in principle, confirmed the positions formulated earlier, but at the same time declared as illegal some programmes that are very similar to those that were previously recognised as legitimate. The Court emphasised that «affirmative action» programmes should have a historically limited duration, which, in the opinion of the Court, is already running out. The issue of «affirmative discrimination» is in active dispute between American «conservatives» and «liberals». The votes of the judges of the Supreme Court were divided strictly along ideological lines: three «liberal» judges voted in favour of approving the contested programs of «positive action», while six «conservatives» were against.