Reply to U.S. Supreme Court Chief Justice John Roberts on Friday called for a response from a Virginia school

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Reply to "U.S. Supreme Court Chief Justice John Roberts on Friday called for a response from a Virginia school"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Does this not portend that, one way or the other, the racially motivated change in the TJ admission policy is eventually going to be invalidated by the Supreme Court?  It’s a conservative court and, while Roberts sometimes sides with the liberals, the fact that he got the matter on the “shadow docket” seems to suggest he has some sympathy for the plaintiffs. [/quote]

While it is tough to know for sure, my thought is that the Court is looking for support from the school to deny any relief, not the other way around.  [/quote]

Eh? How did you come to this conclusion? Roberts is well known to be very hostile to affirmative action and similar practices. [/quote]

He's also well know to be very hostile to disparate impact claims [/quote]

And it doesn’t matter. This is fully briefed now and will come out of the shadow docket. And there are 5 justices to the right of Roberts. He doesn’t need to agree to list the stay. The Court could do so on a 5-4 vote. [/quote]

The justices to the right of him have been even more hostile to those claims. [/quote]

So you are telling me with a straight face Thomas or Alito will uphold the say?  Really?  I’ll. Meet you back here next week. The stay will be lifted. [/quote]

Personally I hope they lift it just for the precedent. I'm sure they are furious with Roberts for even entertaining briefing because he's backed them into a corner; either they can embrace Hilton's opinion and open pandora's box or they can stay silent when presented with a chance to overturn what they probably view as affirmative action. [/quote]

This is why I do not believe he will refer the matter to the court. I would expect the vacatur request to be declined and the matter to remain with the Fourth Circuit until it is decided in September. This is not the case that the Supreme Court wants to use to deal with affirmative action.[/quote]

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