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Harvard Loses Affirmative Action Case

Advisory Opinions

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The Consequences of Centuries of Racial Oppression

Sarah Binder: I agree that when the nation has engaged in racial discrimination, there is going to be a need for remediation. She says Justice Jackson's dissent also laid out the consequences of centuries of racial oppression. Binder: The issue in the case was not Harvard inflicted racial harm and therefore put together a policy designed to ameliorate it. It was diversity is great; one way we're going to achieve it is through just a kind of a blunt force racial analysis," she says.

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