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The Supreme Court’s Waughian jurisprudence

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The Supreme Court is sidestepping major issues. In the Fisher v. University of Texas affirmative action case, opinion of the 7-1 Court written by Justice Kennedy said, consistent with his dissent in the 2003 Grutter case that upheld “affirmative action,” that strict scrutiny should be applied to the use of racial classifications in college and graduate school admissions, and remanded the...

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