The Constitution Is Still Constitutional, For Now

14I think Scott was the first person I heard say that one day, the Supreme Court may rule the Constitution unconstitutional. That didn’t happen yesterday, when the court decided theSchuette case on a 6-2 vote, but it could have. The issue in Schuette was whether it is permissible for a state to prohibit race discrimination by public institutions. The majority held that a state can indeed ban discrimination on the basis of race. Whew! Some of us thought that issue was settled by the 14th Amendment. But two justices, Ginsburg and Sotomayor, dissented: they would have held that states are required to engage in race discrimination, no matter how much a state’s citizens may protest in favor of equal treatment.

 

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