Challenge To Affirmative Action Ban Reveals Deep Divide At Supreme Court

“My goodness, I thought … we’ve held that the 14th Amendment protects all races,” Justice Antonin Scalia said, as the justices consider whether a Michigan ban on affirmative action is constitutional. Justice Ruth Bader Ginsburg focused on the 14th Amendment’s aim at protecting against “political powerlessness,” but the final say is likely in Justice Anthony Kennedy’s hands.

By: Chris Geidner

Article Reprintts 118

WASHINGTON — When Shanta Driver, the attorney for the Coalition to Defend Affirmative Action, argued at the Supreme Court Tuesday that the purpose of the 14th Amendment is “to protect minority rights against a white majority,” Justice Antonin Scalia was incredulous.

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