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.
There is a real animus against colorblind admissions policies among the "college administrators class" that do these horrible things in the middle of the night to otherwise talented and qualified applicants of the wrong skin color.
So in my view, there should be no second wrong allowed. And it should be ended as soon as possible. The Supreme Court should have outlawed the use of race just as that California proposition. That is what should have happened. Then liberty would have worked its remedy as it should have in the first place when the anti Black discrimination was outlawed.
You grant to much to O'Connor. She had a gifted law clerk nammed Eugene Volokh, [see volokhconspiracy.com] who is crystal clear on all of this. But she is following the influence of the chattering class because hse is essentially a politician not a legal philosopher. An all together disgraceful appointment. Almost as bad as Souter.