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The End of Affirmative Action

Strict Scrutiny

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The Irony of Justice Thomas' Denouncing Affirmative Action

John Roberts: Justice Thomas is a beneficiary of affirmative action, whether he wants to admit it or not. He's basically denouncing it as largesse bestowed on minorities by well meaning, but ultimately nefarious white people. And yet this is the same man who has provided his grand nephew with a whole ass boarding school education. So we could go on about the Thomas concurrence and I think during the term wrap, we probably will. But in terms of some of the kind of bottom line takeaways like the what happens next and how do universities respond to this opinion, we have to spend some time talking about that passage late in the opinion.

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