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Affirmative Action

Kerry’s defending minority “set-aside” programs and attacking the administration on this point. Roger Clegg can correct me if I ‘m wrong, but a) strict minority set-asides are generally unconstitutional under current precedent, and b) this administrastion has nonetheless defended such programs.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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Jack Phillips has a right to free speech, which includes freedom from compelled speech.