The Differences Between Harvard and UNC

The Harvard case compared to UNC has really bad facts. Justice Sotomayor, by the way, has run into this problem before where she will state something is fact and then doesn't seem actually familiar with the record in some of these cases at oral argument. It was very clear to me that Plan A for UNC was to say, preserve the ability to consider race,. And then Plan B was find a way that Harvard can lose and we can still win. If you're intentionally discriminating, there's no compelling interest. Fall game over.