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.