Reference no: EM133539062

Question

Last year, the State Board of Education in the State of Jefferson made some changes in the prescribed history curriculum in its public schools. In the "New History Curriculum," all American history courses must contain coverage of Black history, Native American history, Chinese history, and Feminine history. In Jefferson, 50% of the population is female; 53% is white; 18% is black; 7% is Native American; and 22% is Chinese. About six months after the Board established the "New History Curriculum," a referendum was held on a proposed state law that prohibited preferential treatment based on race, gender, and ethnicity. The vote was 52% in favor of the law and 48% against the law. Groups favoring the new law have filed a lawsuit claiming that the Board's "New History Curriculum" violates the new state law because it mandates preferential treatment. On the other hand, groups favoring the "New History Curriculum" filed a lawsuit claiming that the new law violates the equal protection rights of minority groups because it forbids equal coverage of minority groups.

Describe how a judge with the legal realist perspective would approach the resolution of the legal dispute.