Affirmative Action Rule
Elicits Mixed Reaction

Washington (JTA) — Already
split over the contentious issue of
affirmative action, Jewish groups
have expressed mixed opinions
about the latest Supreme Court
ruling.
In a landmark decision that is
certain to heighten debate over
affirmative action policies, the
court ruled that the government
must hold such programs to strict
standards when determining
whether they discriminate
against non-minorities.
The 5-4 decision in Adarand
vs. Pena comes as members of
Congress, states and the Clinton
administration are re-examining
the 25-year-old initiative.
Some Jewish groups hailed the
decision, saying it cast doubt on
the future of "set asides" and oth-
er racial classifications that cater
to minorities.
Others expressed disappoint-
ment. Still others took a "wait-
and-see" attitude, saying it was
too soon to tell what the mandate
would mean for affirmative
action.
The case involves a white-
owned subcontractor, Adarand
Construction, which sued when
the company lost a highway con-
struction job to a minority con-
tractor, Gonzales Construction,
even though its bid was lower.
Congress requires the govern-
ment to spend at least 10 percent
of its money for highway projects
on minority businesses. The con-
tractor in the case, Mountain
Gravel and Construction, of Col-
orado, received a $10,000 bonus
when it chose Gonzales as its sub-
contractor.
In the ruling just issued, the
court said federal programs that
classify people by race were pre-
sumably unconstitutional unless
the government could prove "a
compelling interest" to make
those classifications.
Those programs must be "nar-
rowly tailored" to show evident
past discrimination, said Justice
Sandra Day O'Connor, writing
for the majority.
Chief Justice William Rehn-
quist and Justices Antonin
Scalia, Clarence Thomas and An-
thony Kennedy joined Justice
O'Connor in the majority deci-
sion, which sent the case back to
the lower courts to review, using
the new standard.
Because the new standard has
yet to be applied, what specific
programs will be affected is not
clear, said Rabbi David Saper-
stein, director of the Religious
Action Center of Reform Ju-
daism.
He said even though Jews are
usually not considered disad-
vantaged minorities, some corn-

munities, such as the Chasidim
and Jewish women, have bene-
fited from affirmative action
programs. In contrast, the Anti-
Defamation League welcomed
the decision.
In a statement, ADL's nation-
al director, Abraham Foxman,
and national chairman, David
Strassler, said the court has
finally recognized what ADL has
been arguing for nearly 20 years:
that "government preferences or

110.4
0 ,- -44

The new standard
has yet to be
applied.

benefits based upon race, reli-
gious beliefs or ethnic origin are
as threatening to the American
ideal as the historic discrimina-
tory practices used to justify those
preferences."
The American Jewish Con-
gress, which supports affirmative
action in certain circumstances,
said the court's decision echoed
the group's position that affir-
mative action should "neither be
routinely applied nor always for-
bidden."
The National Jewish Commu-
nity Relations Advisory Council,
which did not take an official
stand on the ruling, agreed that
the decision did not pound the 0
first nail in affirmative action's
coffin.

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Nation Of Islam
Plans Male March

Washington (JTA) — Minister
Louis Farrakhan, the leader of
the Nation of Islam, has called
for a million African American
men to march on Washington
next fall.
At a news briefing here, Mr.
Farrakhan, known for his anti-
Semitic rhetoric, declared Oct. 16
a "holy day" and called on all
African Americans to stay away
from work, stores and schools to
show the country "how she looks
all white."
Washington Mayor Marion
Barry and Congressional Black
Caucus chairman Rep. Donald
Payne, D-N.J., said they sup-
ported the move.
Mr. Payne said he would by to
attend.
Mr. Farrakhan said the pur-
pose of the march is not to in-
timidate white people, but to get
black men to "atone to God" for
the way they have mistreated
their "women and girls."

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