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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]https://www.newyorker.com/news/our-columnists/anti-asian-bias-not-affirmative-action-is-on-trial-in-the-harvard-case

Great article on the case.

I think it clearly hits the issue at hand.

AA isn’t a problem, it is specific anti-asian bias with respect to whites, not URMs.

That said, I do think what will happen is h will win in district and appellate court, only for scotus to take it up and that this scotus will use it as a vehicle to really make a broad ruling on the use of AA.

Scotus last term overturned internet sales tax and abood; cases that established multi-decade precedent. Scotus as constructed will not hesitate to strike down bakke, gratz, Bollinger, Fisher II just because of stare decisis. [/quote]

But do you think Kavanaugh, a true Ivy-leaguer can bring himself to rule against Harvard?  He would be going against his way of life.[/quote]

Thomas, alito, Roberts are ivy leaguers as well and they have never hesitated to rule against AA

Roberts is the one AA activists would need to convince. BK would Nuke AA - I don’t think he’s all that happy with H and Y on the institutional level after happened during confirmation.

I think there is an outside chance Roberts could be swayed like Kennedy to change his mind on AA due to wanting to protect the court’s image with minorities BUT if that was true, he wouldn’t have also always been anti VRA for example. [/quote]

Good analysis!  I could see that.[/quote]

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