The Supreme Court’s Color Oblivious Constitution and the Road not Taken

The Supreme Court’s Students for Fair Admissions, Inc. v. President and Fellows of Harvard College struck down affirmative action programs at both Harvard and the University of North Carolina in the name of the “color-blind” Constitution. Perhaps it would be better to describe the Court’s Orwellian fantasy doctrine as “color oblivious.” The decision should have surprised no one More

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