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alnorth 06-24-2013 04:37 PM


Originally Posted by Loneiguana (Post 9772973)
They punted. Kicked it back to the lower courts. Said they must rule with intense scrutiny or some phrase like that.

strict scrutiny. Just about everything dealing with wanting to legally discriminate by race has to pass strict scrutiny. (discrimination by gender requires heightened scrutiny, as another example)

This opinion took forever for them to write, this case was argued in October. Most of the experts are thinking that the majority opinion must have been re-written at some point because it ended up being fairly brief and there weren't a bunch of harsh complex dissents, so it should not have taken this long.

The conservatives may have tried for a 5-3 decision to kill affirmative action and lost one of their votes. A 4-4 tie would have been bad, so they settled for this.

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