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Nuking the Independent Legislature Doctrine

Advisory Opinions

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The Supreme Court's Opinion on Race Consciousness

The best way to stop discrimination on the based of race is to stop discriminating on the basis of race, one Chief Justice Roberts said. I'm not predicting a decision that will sweep away race based classifications in total because that would be inconsistent with Alabama. So we're going to have some sort of distinction here as to how race consciousness is good and fine, constitutionally in Alabama and fine in Indian Child Welfare Act, but not fine in Harvard and UNC. That's going to be very interesting, Sarah.

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