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2023 Annual Supreme Court Review

Live at the National Constitution Center

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The Six, Three Conservative Court Held in Fisher's Case

This is a really important symbolic win for Conservatives, but I think the practical importance of this case is less clear. Schools can still pursue holistic admissions and seek diversity through race-neutral means. The next frontier will be litigation over whether schools have permissively done indirectly what this decision forbids them from doing directly. We are now about to move on to the part of the program where we saw arguably more so-called Harper versus Harper cases. And Miguel is going to introduce that so-called state legislature theory for us as well.

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