EL DEBATE ESTADOUNIDENSE SOBRE EL PRINCIPIO DE IGUALDAD: LA APLICACIÓN DEL ESCRUTINIO ESTRICTO A LAS CLASIFICACIONES RACIALES.

This study analyzes the evolution of a pivotal element of the jurisprudence of the United States Supreme Court: the doctrine of strict scrutiny and its application to racial classifications. Since the 1990s, the Supreme Court has applied the strict scrutiny test to all racial classifications, even those designed to benefit historically disadvantaged groups. According to a critical academic sector, subjecting affirmative actions to the same constitutional standard of review that is applied to traditional forms of discrimination runs counter to the original rationale of the two-tiered review. A doctrine born to provide heightened protection for certain minorities appears to have become an instrument serving the interests of the dominant majority. [ABSTRACT FROM AUTHOR]