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Richard Sander (UCLA Law) on the Supreme Court Affirmative Action Ruling — #38

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The Challenges to the University's Back Door Method

John Avlon: Chief Justice Roberts wrote a really well-crafted opinion, but it's very hard to implement that language. He says the prohibition against racial discrimination is leveled at the thing, not the name. Avlon: Some university presidents have given litigators a head start because they've issued statements like 'We're going to maintain our diversity levels' The challenge will be that when you file lawsuits, before you're even allowed to discover, you've got to withstand a motion to discuss.

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