Justice Jackson’s Crucial Argument About Affirmative Action

Yesterday, an hour and a half into the marathon hearings about whether colleges can use race as a factor in admissions decisions, Justice Ketanji Brown Jackson began to rub her temples as she looked down at her notes. “We’re entertaining a rule where some people can say what they want about who they are and have that valued in a system,” she said. “And I’m worried that that creates an inequity in the system with respect to being able to express our identity.” Black and Latino applicants would be limited…

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