i mean yeah! the idea is that above a certain number the presence of black students is in itself evidence that the institution isn’t choosing according to merit! bsky.app/profile/cero...

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ah we are going to get some nice reverse disparate impact where having too many black people is evidence of anti-white discrimination

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And don't you even forget those that have been MURDRED or deported hostilelands or those innocent sent to lifeimprovement! ! How did we ever allow this?!

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Now remember, Alito and the rest of the conservative wing say they are strict textualists who purport to be able to derive statutory and constitutional meaning from history and structure and whatever. {I have no beef with textualism and see myself as that, fwiw)

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The best argument for them being binding is that it's really hard to interpret the Guidelines without them. There's all this ambiguity. So Alito starts in on that during the argument.

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