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2023 Annual Supreme Court Review

Live at the National Constitution Center

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The Relationship Between Chief Justice and Justice Kavanaugh

Chief justice picked up a vote in the 5-4 decision upholding that plan. Justice Kavanaugh wrote separately as the 5th vote declining to go along with the chief justice discussion of the difference between race consciousness and racial prominence which is not permitted but then also race. The possibility that even if Congress could authorize the use of race in the redistricting context for some period perhaps that wasn't an indefinite authorization.

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