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The Equal Protection Clause and the Court's Arguments
Supreme Court says affirmative action is not designed to remediate past discrimination. Dissent: Separate but equal is inherently unequal, said Brown versus Bored. In its view, this court is supposed to tell state actors when they have picked the right races to benefit. That is a remarkable view of the judicial role, remarkably wrong, lost in the false pretense of judicial humility that the dissent espouses.