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Bench Memos

NRO’s home for judicial news and analysis.

Re Reviews of Randall Kennedy’s For Discrimination



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I noted that group libel of Professor Early’s, too, Ed, and appended this comment to it:

Re “Moreover, even if the common conservative belief that blacks are inherently dysfunctional is true, how would that fact make them immune to being wronged or damaged? Here, the conservatives seem simply to be retreading ‘the prostitute cannot be raped’ argument as a defense for the hatred that affirmative action is meant to defang.”: The second sentence is obscure, but it’s hard for me to understand these two sentences as saying anything except: “Conservatives are racist.” The rest of the review is not crazy, but these two sentences are really beyond the pale. I wonder if the Post’s editors would have allowed similar slur against liberals, like, say, “Liberals are hate-America traitors.” Sheesh.


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