Wednesday, April 02, 2003
Back atcha: Well, I went and read Lithwick's coverage of the debate by the Supremes. I see it going easily 5-4, if not 6-3. Souter, Ginsburg, Breyer and Kennedy will seek to uphold AA. Rhenquist, Thomas, Scalia and O'Connor oppose. Then I see Stevens joining the Scalia camp. Possible that Kennedy does too. I think Lithwick's point about the Supremes "getting it" was a good one. They weren't arguing in the abstract where diversity is immediately accepted as a goal. Instead, they were arguing the nuts and bolts of how the programs were set up, if they weren't discriminatory themselves, and if the goals were feasible and laudable. We'll see.