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Unformatted text preview: st Amend? DECISION Yes. In a 5-3 opinion delivered by Justice Sandra Day O'Connor, the Court held that prison racial-segregation policies are subject to strict scrutiny. REASONING The Court rejected the claim that because the policy was "neutral" - because all prisoners were "equally" segregated - the policy was not subject to strict scrutiny. Racial classifications must receive strict scrutiny even when they may be said to affect the races equally. The Court remanded the case so that the Ninth Circuit could use strict scrutiny to review the policy. Justices John Paul Stevens, Clarence Thomas, and Antonin Scalia dissented....
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- Spring '08