Open Season on Precedents
Strict Scrutiny
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The Supreme Court's Decision to Recuse Herself From the Harvard Case Is a Terrible Name
The two cases were originally consolidated for review, but now they're actually being argued separately. Katanji Brown Jackson has decided to recuse herself in the Harvard case because she had previously served on Harvard's board of overseers. The UNC case similarly involved a lengthy bench trial and a district court conclusion that the admissions policy was constitutional.
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