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Justices Seek Input on Bias Case

<i> From a Times Staff Writer</i>

Facing a decision that could sharply restrict affirmative action, the Supreme Court asked the Justice Department on Tuesday whether it believes federal law allows an employer to prefer a black worker over a white one if the workplace already is racially balanced.

The move puts off a decision on the question for at least several months.

If the justices were to uphold a pending lower court decision in the case, which involves two schoolteachers from Piscataway, N.J., it could jeopardize the routine affirmative action moves made by private and public employers nationwide.

The court had been expected to announce Tuesday whether it would hear the case (Board of Education of Piscataway vs. Taxman, 96-679). Instead, the justices issued a brief order asking the Justice Department for input.

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