Confirmation Hearings On Federal Appointments : Hearings Before the Committee On the Judiciary, United States Senate, One Hundred Fifth Congress, First Session, On Confirmation of Appointees to the Federal Judiciary Pt 1

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Don't forget Dred Scott.
Yes?
Judge Hayden. I am drawing on my own experience as a judge, Mr. Chairman, when I say that I agree with Judge Kennedy. One goes to precedent with an eye that is searching as opposed to criti- cal, and therefore none come to mind either in my experience sit- ting on the bench or at this time.
The Chairman. Now, this is a tougher question and one that really is very pertinent to today, and it is pertinent to district court judges as well, and it has to do with affirma
...tive action. Please set forth in detail your views on, where there is no evidence of past acts of employment discrimination directed at either identifiable in- dividuals or particular minority groups, no evidence that members of a particular minority group are underrepresented in an employ- er's work force — what the Supreme Court has referred to as a manifest imbalance in traditionally segregated job categories — whether an employer may, under the equal protection clause of the fourteenth amendment and/or title VII of the 1964 Civil Rights Act, use race, national origin or gender as a basis for employment deci- sions.

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