The Path to Discrimination

Sally Kohn: Some of the progressive justices were saying, if you don't use race, then somebody can. Then a person of any sort of record of discrimination or adversity can say, I'm a Mormon growing up in a fundamentalist community. She says Justice Jackson particularly kept coming back to this idea that everyone else would get to use their stories except for someone talking about their story of race. Kohn: Race and gender are treated differently under strict scrutiny. Gender is under intermediate scrutiny, but it's lower bar than race.