Live from the Roasterie: Scott Lemieux: On "Mismatch Theory": "Well, in fairness, the constitutional arguments against affirmative action...

...are no better than the policy ones (‘Article I was originally understood in 1787 as forbidding all racial classifications! I am not a crackpot!)...

Nino Scalia: Adarand Constructors, Inc. v. Pena: "Government can never have a 'compelling interest' in discriminating on the basis of race...

...in order to 'make up' for past racial discrimination in the opposite direction.... Under our Constitution, there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual, see Amdt. 14, § 1... equal protection... see Amdt. 15, § 1 (prohibiting abridgment of the right to vote 'on account of race') or based on blood, see Art. III, § 3 ('[N]o Attainder of Treason shall work Corruption of Blood'); Art. I, § 9 ('No Title of Nobility shall be granted by the United States').... In the eyes of government, we are just one race here. It is American...

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