Re: Puzzles re: Grutter and Korematsu - is deference compatiblewith strict s...

[Mark Graber]

Professor Lipkin writes:         I don't think one can escape from Plessy this easily. In both cases, laws burden members of a disfavored class (disfavored at least with respect to a certain benefit or entitlement)."   My thought.  This would seem to be true for any law.  All laws burden some persons more than other.  So, if we are going to talk about disfavored classes (and this does seem to make sense to me) we need to talk either about the general pattern of law, the general pattern of political power, or the general pattern of advantage in a society.   Mark A. Graber