There may be an easy way to avoid deciding the merits of the difficult 4H club and homemaker club issue . The DC considered the Agriculture Regulation that states:
In administering a program regarding which the recipient has previously discriminated against persons on the ground of race, color, or national origin, the recipient must take affirmative action to overcome the effects of prior discrimination.
7 CFR 15.3(b)(6)(i). The DC stated that the regulation was not violated because it required a prerequisite that an action be taken on the ground of race. In the bench memo I indicated that the prerequisite was met.
Clerk Memo, Bazemore V. Friday, 478 U.S. 385 (1986). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.