SCOTUS Upholds Affirmative Action
SCOTUS rules 4-3 to uphold, with Kagan recused. Kennedy writes the majority opinion.
If Scalia were alive, it would’ve been 4-4. Even then, the Appeals Court ruling would stand, but it wouldn’t have become precedent.
Supreme Court Upholds Affirmative Action Program at University of Texas • 2016 Jun 23 • Adam Liptak • New York Times