The Corner

Preferences

Stanley: That’s one of the reasons I put the word “arguably” in there. It seems to me that the most natural reading of the Civil Rights Act of 1964 is that it prohibits most racial preferences. (That was Justice Stevens’s reading in Bakke, which the majority unpersuasively rebutted.) If Congress ever did enact a law authorizing racial preferences, on the other hand, the reasoning of the conservative justices would seem to require the nullification of that law.

Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

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