Sipping My Tea
Strict Scrutiny
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Does the Kagan Dissent Really Make a Difference?
The modern court has been deeply hesitant to conclude that government decision-makers are discriminating on the basis of race. I want to just echo one thing that Leah said just about the Kagan dissent, which is that everyone should read it. It's both analytically rigorous and sort of it has this kind of existential kind of terror and sadness that kind of emerges at the end.
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