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Will a right-wing justice who would join the current four to completely ban affirmative action replace Kennedy, Ginsburg, or Breyer before the Court considers the issue again?
Assuming that he does not join with the more right-wing conservatives to completely end affirmative action, the two most likely results would be to strike down just the Texas plan or to send the case back to the lower courts so that the University could present more evidence, as Kennedy suggested at one point.
Completely divorced from the original affirmative action goal of remedying past discrimination, preferences had mushroomed into a racial spoils system.
In terms of getting affirmative (enthusiastic) consent, he completely failed.
But whatever anybody thinks of the theory, asking questions about it in the context of oral arguments in an affirmative action case is completely fair.
I had always considered myself socially liberal, completely behind social justice issues such as affirmative action and equal rights for all.
All 18 respondents gave an affirmative answer.
Although I often disagree with Justice Scalia, and although I emphatically disagree with him about the constitutionality of affirmative action, the outrage and condemnation sparked by this comment is completely unwarranted.
The First Amendment right of NBC News to completely botch the Fisher decision, in announcing the Court had established a higher standard for affirmative action cases.
As they approached the University of Michigan affirmative action cases, Justice Sandra Day O'Connor and Justice Clarence Thomas appeared to be responding to completely different cues.
The response was affirmative.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com