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With Justice Barrett, Is the End Near for Racial Preferences?

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With Justice Barrett, Is the End Near for Racial Preferences?

The Wall Street Journal October 28, 2020
Legal ReformOther
RaceOther

A new majority may stop equivocating on affirmative action, which has impeded black mobility.

During her confirmation hearings, Justice Amy Coney Barrett faced many more questions about ObamaCare than about affirmative action, though her views on the latter are potentially far more consequential.

The racial divisions that have plagued the U.S. for decades reached a head this summer with nationwide protests following the death of George Floyd. This type of social unrest has long been nurtured and exploited by black leaders and their political allies, who have turned the hallowed civil-rights movement of the 1960s into a lucrative racket today. These efforts have been abetted by Supreme Court decisions that hem and haw over the legality of racial-preference policies.

The Civil Rights Act of 1964 plainly mandates equal treatment of individuals regardless of race, and the addition of Justice Barrett makes it more likely that the court will finally interpret the law to mean what it says. Nevertheless, our experience with other Republican-appointed justices who later moved left—from Sandra Day O’Connor to David Souter to Anthony Kennedy—urges caution.

Continue reading the entire piece here at The Wall Street Journal (paywall)

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Jason L. Riley is a senior fellow at the Manhattan Institute, a columnist at The Wall Street Journal, and a Fox News commentator. Follow him on Twitter here.

Photo by Tasos Katopodis/Getty Images

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