In his opinion for the Court in the Harvard race discrimination case, Chief Justice Roberts observed: “A dissenting opinion is generally not the best source of legal advice on how to comply with the majority opinion.” He was responding to the dissent’s view that, as Roberts characterized it, “universities may.
These tactics call to mind Southern states' abuse of "with all deliberate speed" to postpone school integration until the Greek Kalends, provoking the Supreme Court to make a special point of its displeasure in Cooper v. Aaron. Unhappily, there is no prospect of a unanimous Court rebuke to *this* form of racial discrimination.
Great post, subtle analysis as usual. I don't see why the majority nudged this door ajar. Paul's right that the essay dodge won't allow colleges to have a constant percentage of favored groups, but there's a lot of room for colleges and liberal judges to slip favored applicants through the open door. The legitimate use of essay exceptionalism could have been developed by future cases and specific facts without an invitation to abuse. Jim Dueholm
It's really unbelievable how all in on racial discrimination alleged liberals have become.
These tactics call to mind Southern states' abuse of "with all deliberate speed" to postpone school integration until the Greek Kalends, provoking the Supreme Court to make a special point of its displeasure in Cooper v. Aaron. Unhappily, there is no prospect of a unanimous Court rebuke to *this* form of racial discrimination.
Great post, subtle analysis as usual. I don't see why the majority nudged this door ajar. Paul's right that the essay dodge won't allow colleges to have a constant percentage of favored groups, but there's a lot of room for colleges and liberal judges to slip favored applicants through the open door. The legitimate use of essay exceptionalism could have been developed by future cases and specific facts without an invitation to abuse. Jim Dueholm