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A Discussion: Students for Fair Admissions v. President and Fellows of Harvard College

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The Supreme Court's Decision to Shut Down Affirmative Action

I think the current affirmative action regime is most vulnerable when it comes to how to define diversity, right. The Supreme Court has historically given great deference to universities to make that determination about how much diversity they need. They've deferred to the universities, but that's very vague and so I think that's one sort of area of vulnerability. And then, you know, over on the non permissible side is something that's mechanical. It's quotas it set aside as points. What's permissible is a goal, right, whatever that means. Where race is quote unquote not decisive. So where's that line between critical mass and quotas? Who knows,. You know, and is that a just

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