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SCOTUS Considers Affirmative Action

Advisory Opinions

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The Importance of Race Neutral Alternatives in Diversity

There's just a lot of internal contradictions to using affirmative action because at the end of the day, it is racial discrimination. It's just that we're trying to argue this is good racial discrimination. The other kind is bad racial discrimination. So again, it gets really hard when you say the way that we judge this is whether minority enrollment plummets ... How do you know what diversity looks like unless you're using a de facto quota system?

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