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Reply to "SCOTUS upholds college Affirmative Action"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Plus, careful review of the decision indicates that the door is left open for future challenges. As a practical matter, though, the Court will soon have a 7-2 liberal majority (Thomas and [b]Kennedy[/b] will retire soon, I think). So it seems like Justice Marshall's view that affirmative action will endure for centuries more is, in fact, accurate. [/quote] Didn't Kennedy write this opinion? And didn't he based his decision on deference to the school's stated need for diversity -- which is not at all a strict scrutiny analysis. But I'm just going on what I read in a news account, not the actual opinion.[/quote] It could be argued that strict scrutiny was only given lip service. And the point I was trying to make is that with a 7-2 liberal majority coming soon ([b]Kennedy is unpredictable on these issues[/b]), there will be zero chance of the Court upholding challenges to affirmative action. So there it is.[/quote] True. I would have expected him to go the other way. His rationale was questionable here IMHO, (as in Bush v. Gore in 2000), but it is what it is.[/quote]
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