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Hopefully, with conscious development, the process will become better defined and standardized, but discretion must be used as long as the Court possesses, at least in part, the power to adjudicate while making constitutional law. This failure to treat equally all those who are arguably similarly situated regarding these burdens or benefits prompts challenges in the application of the Equal Protection Clause.
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Brown V. Board of Education. In the early вЂ™s, segregation of public schools was an issue. White students would go to one school, and colored /5(1).Download