![]() “It was important in Grutter to say, look, this can’t go on forever, 25 years,” he said. “ Grutter said it would be good law for at least 25 years, and I know that time flies, but I think only nine of those years have passed.”Ĭhief Justice John Roberts asked Gregory Garre, who was defending UT Austin, a more speculative question during Fisher II oral arguments. “I want to know whether you are asking us to overrule Grutter,” Justice Stephen Breyer questioned Bert Rein, who represented Fisher in the 2013 case. Both centered on Abigail Fisher, a White woman who alleged that her rejection from UT Austin was due to racial preferences for minority students. They’ve had two opportunities to do so-both the 20 iterations of the Fisher v. Still, justices have referenced O’Connor’s language in ways that suggest they see it as a deadline- or at least a reason to put off taking up affirmative action cases before 2028. “Those impediments are still here and they will probably be here for a very long time.” A Consistent Presence “When I read the opinion back in 2003, I remember thinking that this was more optimistic than was deserved,” said Tillman Breckenridge, an appellate lawyer. They also cite persistent lags in K-12 education investment and systemic inequality that’s been upheld rather than dismantled by government and legislative action. Nearly two decades since Grutter, proponents and observers of race-conscious admissions say alternatives to race-neutral means of achieving student diversity, such as test-optional admissions, have had limited success. “In today’s America, I’m inclined to think that race still matters in painful ways,” she said in a 2008 keynote address at Harvard Law School.Įvan Thomas, O’Connor’s biographer, wrote in the Atlantic that the justice told a close friend after her retirement that there was “no timetable” for predicting when affirmative action would no longer be necessary. O’Connor has voiced regrets about her wording in Grutter as early as five years after the ruling, citing continued racial inequities and limited progress toward narrowing educational opportunity gaps. Most law scholars “do expect it to have some influence or make an appearance in the Harvard case because we are getting so close to that 25 years,” said Devon Westhill, president and general counsel for the Center for Equal Opportunity. But they also say it could give the justices an opening to rule against Harvard and further pare back how schools can use race as a factor in admissions, or avoid ruling on affirmative action cases by seeing 2028 as a deadline. O’Connor subsequently walked back the line, and most constitutional law scholars consider it unduly optimistic rhetoric about the nation’s future rather than binding legal precedent. Bollinger, a case involving the University of Michigan.Įighteen years later, what the retired justice meant to convey in that statement could help form arguments at the Supreme Court if its conservative majority takes up a challenge to Harvard College’s race-conscious admissions system. ![]() “The Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today,” O’Connor wrote in Grutter v. Related authors: James Baker, Samuel Alito, George W.Former Supreme Court Justice Sandra Day O’Connor’s majority opinion preserving affirmative action in a 2003 case included some declarative wording that justices tend to avoid-and that the justice came to regret using. ![]() Our collection contains 37 quotes who is written / told by Sandra, under the main topics: History, Nature, Politics. She is born under the zodiac aries, who is known for Active, Demanding, Determined, Effective, Ambitious. O'Connor was in the Iraq Study Group, the Commission headed by James Baker and Lee Hamilton, who in December 2006, published its recommendations for a new strategy in the Iraq war. Miers withdrew his candidacy and Samuel Alito was nominated instead. President Bush then nominated Harriet Miers to succeed O'Connor. When the then President of the Court William Rehnquist died, it was the candidacy back and Robert was nominated and elected instead to the post of chairman. She was appointed to the Supreme Court by Ronald Reagan.Īfter her Jannounced that she intends to retire from Supreme Court nominees of President George W. O'Connor grew up on a cattle ranch in El Paso, Texas. Sandra Day O'Connor is an reitred American lawyer, and was between 19, the first female judge in the U.S. Summary Sandra Day O'Connor (born in El Paso, Texas) is a famous Judge from USA, she is still alive and was born March 26, 1930.
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