Card 19 / 123: Which of the following rulings has the Supreme Court NOT passed down regarding affirmative action?
A) Private, race-conscious, affirmative action plans are legal as long as they are designed to remedy past discrimination.
B) Public institutions of higher learning can uphold the flexible consideration of race as one factor for admission to colleges.
C) Although affirmative action programs are legal, race and gender could not be the only factors taken into account in college applications.
D) Most affirmative action programs have done as much as they can to redress past discrimination and are no longer necessary.
E) Some schools' inaction and failure to fulfill desegregation duties shows discriminatory intent.

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