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17 Jul 2023, 6:13 pm by Jonathan H. Adler
The language of colorblindness that Roberts and Thomas use to make their argument comes directly from Justice John Marshall Harlan's lonely dissent in Plessy v. [read post]
17 Jul 2023, 5:00 am by jonathanturley
” With those words, Chief Justice John Roberts wrote the historic decision to ban the use of race in college and university admissions. [read post]
16 Jul 2023, 9:01 pm by Austin Sarat
Thomas was unusually caustic about the dissenting opinion written by Jackson, the Court’s only other Black member. [read post]
16 Jul 2023, 6:52 am
" The headline focuses on only one of the alarming things in the quote and it misstates what he said.He said it may have been "targeted to attack Caucasians and... black people. [read post]
10 Jul 2023, 9:30 pm by ernst
From the 1970s until into the 21st century, courts generally upheld the environmental law revolution, although the Roberts Court has recently erected what may be substantial obstacles, recalling the Court’s impediments to labor legislation in an earlier century.The 21st century conservative Court constitutionalized unlimited campaign contributions, recognized individual gun possession, crippled voting rights legislation, erected new protections for religious liberty, and allowed… [read post]
9 Jul 2023, 9:01 pm by Austin Sarat
Selection procedures that purposefully exclude black persons from juries undermine public confidence in the fairness of our system of justice. [read post]
8 Jul 2023, 8:32 am by David Post
  But in any event, it is black-letter law that such a move does not relieve the Court of its constitutional duty to satisfy itself that the plaintiff is presenting a justiciable case or controversy to be resolved. [read post]
7 Jul 2023, 6:06 am by Gene Takagi
Roberts Jr., who is attentive to his court’s legitimacy …. [read post]
6 Jul 2023, 1:26 pm by Ilya Somin
A 2019 Pew Research Center poll found that 59% of black men and 31% of black women say they have been racially profiled by police. [read post]
5 Jul 2023, 4:07 am by SHG
He grounded racial preferences for black students (and not other races) in the centuries of oppression, slavery, segregation, and discrimination. [read post]
4 Jul 2023, 3:15 pm by Josh Blackman
He grounded racial preferences for black students (and not other races) in the centuries of oppression, slavery, segregation, and discrimination. [read post]
3 Jul 2023, 5:23 pm
  The Court in this case, in an opinion authored by Justice Roberts, decided that, fifteen years after Bakke, and twenty years following Grutter, the time has come to treat all students equally in the admissions process. [read post]
3 Jul 2023, 11:14 am by Gene Takagi
Majority Opinion (Chief Justice Roberts) “Eliminating racial discrimination means eliminating all of it. [read post]
3 Jul 2023, 6:19 am by Second Circuit Civil Rights Blog
Since these goals cannot be measured, Chief Justice Roberts says, the admissions process cannot survive what we call "strict scrutiny" as they cannot be proven to be narrowly tailored to satisfy the college's goals. [read post]
3 Jul 2023, 4:00 am by Eric Segall
Well, this term the lodestars of text and history gave way to a dark black hole of unclear precedent based on the justices' policy preferences.At the end of the affirmative action cases in which the six conservatives declared the admissions policies at Harvard and UNC illegal, Chief Justice Roberts said the following:Nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be… [read post]
2 Jul 2023, 5:01 am by jonathanturley
In 2017, Chief Justice John Roberts declared: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race. [read post]
1 Jul 2023, 3:42 pm by Mark Walsh
Roberts then announces that he has Biden v. [read post]
1 Jul 2023, 8:10 am by Michael C. Dorf
For example, it does not violate Equal Protection in the policing context to be stopped as a Black man in a hoodie, unless you can show that other White men in hoodies walked down the same street. [read post]
1 Jul 2023, 1:00 am by David Pocklington
The Revd Robert Ryan These decisions relate to proceedings in the Court of Arches following a trial before a Bishop’s Disciplinary Tribunal that took place in 2021. [read post]