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A web still tangled

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In order to get beyond racism, we must first take account of race.

Justice Harry Blackmun, 1978

The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.

Chief Justice John Roberts, 2007

Blackmun was concurring in the Bakke decision, which created the higher education “diversity” exception to the equal protection principle: Racial preferences in admissions to a public university do not violate the principle of equal protection of the…

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