A short Backchannel today because the facts speak for themselves. As I noted in yesterday’s edition, if the Court is shifting it’s trimming its sails to focus on the big ticket items it really cares about. Affirmative action fits that bill.
According to Plan
Originally Published: June 29, 2023 10:53 a.m.
My colleague Kate Riga will do a better job explaining the nuances and particulars. For myself, I can only say this is no surprise. I think it affirms the point I made yesterday which is that to the degree there is any shift on the Court it is pulling back from giving SCOTUS goodies to every rightwinger who has an ideological hobbyhorse and servicing every electoral need of the Republican Party. The blowback and backlash may have made the costs of that bust-out jurisprudence a bit too high. Rather they’ll concentrate on the core stuff they really care about. And affirmative action has been one of the core half dozen or so things the conservative judicial movement has cared about for decades. They have the power and they’re gonna do it.