Monday, July 21, 2014

The 5th Circuit's pro-affirmative action decision in Fisher "may, paradoxically, tee up a major loss in the larger war."

Ann Althouse
July 18, 2014

Richard D. Kahlenberg's explanation is - despite that mixed metaphor - skillfully done:

As a matter of process, the Fifth Circuit's decision plays into the hands of conservatives by expediting the possibility of Supreme Court review in two respects. First, the appeals court rejected UT-Austin's request that it send that case back to the district court for a potentially lengthy hearing on factual issues...

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