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The Re-Banning of Affirmative Action in Michigan Higher Education

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Michigan’s ban on affirmative action will be restored. I don’t find that particularly objectionable, but to paraphrase John Harlan I think the argument to the contrary deserves a more respectful burial* that it’s receiving.

*Admittedly, the argument that Harlan thought deserved a “more respectful burial” — i.e. the holding that putting someone at risk of jail time without the assistance of counsel isn’t necessarily inconsistent with the due process of law — deserved to be left naked in a garbage bag by the side of the road, but I like the line.

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