
Concurring in Adarand v. Pena, 515 U.S. 200 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=U10252&friend=oyez (1995).
1990s
Context: [I disagree] that there is a racial paternalism exception to the principle of equal protection. I believe that there is a 'moral [and] constitutional equivalence,' between laws designed to subjugate a race and those that distribute benefits on the basis of race in order to foster some current notion of equality. Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law.