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Richard Sander (UCLA Law) on the Supreme Court Affirmative Action Ruling — #38

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The Supreme Court's Decision to Carve-Out Preferences

In 2003, Justice Tocanner was a swing vote for the liberal decision. The years since it just showed all sorts of reasons to think that racial preferences aren't working. In fact, the decision can be read to say that any institution that can come up with a compelling argument for carve-out could still use racial preferences. They just can't use the rationales that the versus is important.

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