There is obviously a different intent behind race-based classifications designed to remedy past harms as compared to race-based discrimination designed to exclude or harm others. Yet, both types of classifications are still subject to strict scrutiny under current case law. Should there be a difference in how these types of classifications are treated? Compare with Grutter and Gratz case.

https://www.cir-usa.org/case/gratz-v-bollinger-grutter-v-bollinger/