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American courts have considered the use of racial classifications many times. In general, these classifications are regarded as "suspect" and their use is always subject to some sort of scrutiny. The question is this: "What level of scrutiny is legally appropriate?" A similar question arises from the moral point of view.

The courts have distinguished several levels of scrutiny. Morally, you might argue that the use of racial classifications can only be justified by the most compelling moral concerns. But you might also argue that only the use of racial classifications can correct the situation in which we find ourselves.