...discharge of white workers and their replacement with new black hires. [2] Nor does the plan create an absolute bar to the advancement of white employees;...the program will be white. [3] Moreover, the plan is • temporary measure; it is not intended to maintain racial balance, but simply to eliminate a manifest...

..."unnecessarily trammel the interests of the white employees" and that they are "temporary measure(s] . . . not intended to maintain racial balance, but simply to eliminate a manifest racial imbalance." Finally, last year in the Fullilove case the Court held that Congress, in providing grants of federal...

...discharge of white workers and (heir replacement with new black hires. [2] Nor does the plan create an absolute bar to the advancement of white employees;...the plan is a temporary measure, it is not intended (o maintain racial balance, but simply to eliminate a manifest racial imbalance Preferential selection...

...concurring opinion at 2592. l7. Weber, 443 US at 208 (noting that voluntary affirmative action plan was "not intended to maintain racial balance, but simply to eliminate a manifest racial imbalance"). l8. 29 CFR § l608 (l984). l9. Federal Contract Compliance Manual, § 2.l90.l(a) (l979). 20. 42 USC...

...concurring opinion at 2592. l7. Weber, 443 US at 208 (noting that voluntary affirmative action plan was "not intended to maintain racial balance, but simply to eliminate a manifest racial imbalance"l. l8. 29 CFR § l608 (l984l. l9. Federal Contract Compliance Manual, § 2.l90.l(al (l979l....

..."create an absolute bar to the advancement of white employees" and it was a "temporary measure . . . not intended to maintain racial balance, but simply to eliminate a manifest racial imbalance". 33/ When it applied those factors in Johnson, the Court emphasized that the plan authorized the use...

...discharge of white workers and their replacement with new black hires. [2] Nor does the plan create an absolute bar to the advancement of white employees; half of those trained in Che program will be white. [3] Moreover, the plan is a temporary measure; it is not intended to maintain...

...discharge of white workers and their replacement with new black hires. Nor does the plan create an absolute bar to the advancement of white employees;...half of those trained in the program will be white." Ibid., 4855. 83 Ibid. genuine de facto equality rather than to find refuge behind ostensible or abstract...

...discharge of white workers and their replacement with new black hirees. . . . Nor does the plan create an absolute bar to the advancement of white employees;...half of those trained in the program will be white. Moreover, the plan is a temporary measure; it is not intended to maintain racial balance, but simply...

...result — in this case group-regarding equality of result. As Justice Brennan points out, the plan "is not intended to maintain racial balance, but simply to eliminate a manifest racial imbalance" (208). The plan's focus on eliminating racial imbalance gives it a remedial purpose bearing traces...