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Bench Memos

NRO’s home for judicial news and analysis.

Sotomayor and Kohl’s Broad Question on ‘Affirmative Action’



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She’s wrong that Constitution ever requires racial considerations; at best, it allows them in some narrowly defined circumstances. If I heard her right, that’s a pretty big mistake.

It’s scary but unsurprising that she’s willing to consider extending Grutter to other contexts.



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