It then cited a concurrence in a 2001 Supreme Court case that said prejudice might not rise "from malice or hostile animus," and might well be the result of "insensitivity caused by simple want of careful, rational reflection or from some instinctive mechanism to guard against people who appear to be different in some respects from ourselves".
The bill cleared the Senate on Wednesday and was sent back to the Assembly, where it passed earlier this year, for a concurrence vote.
(Some of the vote counts are judgment calls; an opinion labeled by its author as a concurrence may be counted as a dissent, for example, if it departs from the essential elements of the majority opinion).
The Chief Justice, clearly stung, complained in a concurrence that "it is not 'out of touch with reality' to conclude that racial preferences may... do more harm than good".
The Chief Justice, clearly stung, complained in a concurrence that "it is not 'out of touch with reality' to conclude that racial preferences may … do more harm than good".
"I suggest that the interested reader take advantage of the link in the court's opinion and watch it," Justice Breyer said in a concurrence.
"I suggest that the interested reader take advantage of the link in the court's opinion, and watch it," Justice Stephen G. Breyer wrote in a concurrence.
But it was nonetheless notable for a concurrence from Justice Anthony M. Kennedy saying that the Supreme Court went badly astray in a 1992 decision that said states may not collect taxes from companies without some local physical presence.
Whether a majority opinion, a concurrence or a dissent, it would be thoughtful and detailed, complete with footnotes.
"Kennedy did have more to say in his farewell concurrence and it seems appropriate, somehow, that his goodbye was a concurrence, rather than a majority opinion or a dissent". Read more.
