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Fisher v. University of Texas

5-4

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The Equal Protection Clause and the History of Affirmative Action

The Constitution does not discriminate based on race, so we're going to have to take a real close look at this. The equal protection clause has been kind of flipped and has now been an effective mechanism for beating back liberal left attempts to combat racism. And you see that with the history of affirmative action. This is a program that was like born in the same time as like desegregation was happening; it's about inequality and inequity.

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