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Courting Controversy: Inside the Supreme Court

The Assignment with Audie Cornish

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Justice Jackson's Dissent Is a Counterweight to the Chief Roberts Way of Thinking

Justice Jackson is not shying away from provoking her colleagues. I have never seen Justice Thomas write such a personal concurrence. He joined the majority of John Roberts saying, yes, we need to get rid of racial affirmative action on campus. But then he did something very unusual: He read parts of his concurrence from the bench and took issue specifically with what Justice Jackson was writing in her separate dissent. When you read what he wrote, he names her and he talks personally about his own racial experience to counter what Justice Jackson is doing. And I thought two very distinct voices had joined this argument all for the better.

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