But the state first was in the business of discriminating against constitutionally "suspect classifications," then in proscribing legitimate methods for "leveling the playing field."
The issue we've faced since Bakke is once legitimizing the principle of a second wrong to achieve a right, how to repeal constitutionally suspect methods in proportion to gains and changes?
It had been my hope that the court would empower the citizenry to achieve this goal based on trust given demonstrated progress and demographic changes.
Apparently, at least O'Connor believes the Jim Crow generation must die off before that is completely possible.