4min chapter

Strict Scrutiny cover image

Affirmative Action Reaction

Strict Scrutiny

CHAPTER

The Freedmen's Bureau Is Not About Race, but Affirmative Action Is

Janay Nelson: There was something singularly important about having the voice of a black woman who has literally been raised in integrated institutions that have relied on affirmative action in the room. Justice Jackson really drilled down in the history in the Merrill oral argument about the Voting Rights Act, which we talked about a couple episodes ago. And I just want to ask, what would a committed originalist think about the kind of race consciousness that's at issue here?

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