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Affirmative Action on the Chopping Block
Amicus With Dahlia Lithwick | Law, justice, and the courts
The Equal Protection Clause and Justice Jackson's Questioning in Brown
The 14th Amendment would prohibit consideration of the impact of slavery and ongoing vestiges of discrimination, he says. "It just shows the irony of us being in this world where the plaintiffs are advocating that the 14th Amendment prohibits consideration," Sotomayor adds. Brown's desegregation doctrine is explicitly about racial classifications using racial classifications to remedy segregation and inequality,Sotomayor writes.
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