The Corner

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 is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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