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SCOTUS Considers Affirmative Action

Advisory Opinions

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Introduction

David French: We're going to be talking affirmative action, University of North Carolina and a little dash of Harvard. Sarah Isker: Why did UNC go first? Normally Harvard would have gone first in this, I think. But remember that when Justice Jackson gets confirmed, one of the big questions is whether she would recuse herself because she served on a board of visitors for Harvard. She later said yes. Because of that, it wouldn't make a lot of sense to have poor Justice Jackson just sitting around. So that actually pushed UNC first.

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