At the Supreme Court today, the conservative justices had skeptical questions for a lawyer defending the University of Texas’ plan that takes race into consideration in the admissions process.
One of their main concerns goes to the heart of the case: at what point does the court stop deferring to a university’s judgment that the consideration of race is still necessary?
“I understand my job under our precedents is to determine if your use of race is narrowly tailored to a compelling interest, “Chief Justice John Roberts said to Gregory Garre, a lawyer representing the University of Texas. “The compelling interest you identify is attaining a critical mass of minority students at the University of Texas, but you won’t tell what the critical mass is. How am I supposed to do the job that our precedents say I should do?”
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