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Bench Memos

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Kagan and Civil Rights



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Ironically — at least to me — the Washington Post reports that some left-wing civil-rights groups are unhappy with Elena Kagan’s civil-rights record, including what they perceive to be her insufficient commitment to racial preferences (i.e., affirmative action) — ironic since, as I’ve noted a few times over the last several weeks, the evidence, as it seems to me, is that she is too committed to racial preferences. Well, perhaps Left and Right can agree that — since this topic is a perennial one for the Supreme Court, is very important, and remains unsettled — the Senate Judiciary Committee this week should focus on it.



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