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eligible minority members in the position which the minority would have enjoyed if it had not been the victim of discriminaiton."

The Courts have given sanction to affirmative action based on Race. Society demands that the diffeerences in education, income, and life chances between the majority and the minority be diminished and eliminated, and where these inequities are created by Race, the Courts permit Race to be used as a standard in developing the remedy.

To ask that these programs be destroyed is to ask minority Americans to voluntarily accept a position as a permanent underclass, never able to stand equally with their fellow Americans.

The legacy of 300 years of slavery, segregation and then discrimination is not ended overnight.

Affirmative action must be pursued if we are ever to be a nation with liberty and justice for all.