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5 Jul 2023, 4:24 am by Marcia Coyle
No, responded Sotomayor, who was joined by Justices Elena Kagan and Ketanji Brown Jackson. [read post]
5 Jul 2023, 4:07 am by SHG
But it doesn’t necessarily make the diversity interest a sham or valueless. [read post]
Student loan relief packages can also come through state legislation, including forcing loaners to massively reduce their interest rates. [read post]
4 Jul 2023, 3:15 pm by Josh Blackman
But if not "educational benefits," then what compelling interest would suffice? [read post]
3 Jul 2023, 6:09 pm by Josh Blackman
If we take conflicts of interest seriously, a Justice's deeply-held views on affirmative action should favor recusal far more than service on a board that had some tangential connection to the university's affirmative action policies. [read post]
3 Jul 2023, 11:14 am by Gene Takagi
This opinion also does not address the issue, in light of the potentially distinct interests that military academies may present. [read post]
Lengthy concurring and dissenting opinions were issued as well: Justice Thomas, Justice Gorsuch (with Justice Thomas joining), and Justice Kavanaugh each wrote concurrences; Justice Sotomayor wrote a dissent that Justices Kagan and Jackson joined (although Justice Jackson only joined with respect to the UNC case, having recused herself from the Harvard case); and Justice Jackson wrote a dissent with respect to the UNC case that Justices Sotomayor and Kagan joined. [read post]
30 Jun 2023, 11:24 am by Amy Howe
But in her dissent, Justice Sonia Sotomayor – in an opinion joined by Justices Elena Kagan and Ketanji Brown Jackson – called the decision “a sad day in the American constitutional law and in the lives of LGBTQ people. [read post]
30 Jun 2023, 9:53 am by Michael C. Dorf
The first prong asks whether the state asserts a compelling interest. [read post]
30 Jun 2023, 9:31 am by Amy Howe
Justice Elena Kagan dissented, in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. [read post]
30 Jun 2023, 8:20 am by Eugene Volokh
[including when the requirement is imposed by antidiscrimination laws, for instance when such laws require web site designers who create opposite-sex wedding sites create same-sex wedding sites.] [read post]
30 Jun 2023, 7:07 am
Yet even they (wielding their “special niche” authority) cannot simply assert an interest in diversity and discriminate as they please. [read post]
29 Jun 2023, 1:34 pm by Ilya Somin
The crudeness of the racial and ethnic categories used by Harvard and UNC also undercut Justice Jackson's otherwise powerful appeal to the historic disadvantages faced by African-Americans. [read post]
29 Jun 2023, 9:31 am by Amy Howe
In 25 years, she suggested, “the use of racial preferences will no longer be necessary to further the interest” in diversity. [read post]