Case Study: Minority Set-Asides.
Discussion Questions
1. What was the Richmond City Council trying to accomplish with its Minority Business Utilization Plan? If you had been a member of the council, would you have voted for the plan?
2. What are the pros and cons of a minority set-aside plan like Richmond's? Will it have good consequences? Does it infringe on anyone's rights? What conflicting moral principles, ideals, and values are at stake?
3. Do you believe that there was sufficient evidence of racial discrimination to justify the city's plan? Who is right about this- Justice O'Connor or Justice Marshall?
4. Justice O'Connor and the majority of the Court seem to believe that there must be some specific, identifiable individuals who have been discriminated against before race-conscious measures can be adopted to remedy past discrimination. Do you agree that affirmative action measures must meet this standard?
5. In light of the fact that no federal statute specifically bars racial discrimination in private domestic commercial transactions between two business firms, and given the evidence that racism is an obstacle to African-American business success,7° what obligation, if any, does state, local, or federal government have to assist minority owned companies?
6. What measures could Richmond have taken that would have increased opportunities for minority business but would not have involved racial quotas? Would such measure be as effective as the original plan?