(via Alt Right)
Moreno acknowledged that race preferences are controversial. But he pointed out that it was not the court’s job to decide if they were good or bad—only to decide whether the proposition that banned them was constitutional. In deciding that it was not constitutional, he relied on an obscure set of US Supreme Court precedents that have come to be known as the "political structure doctrine." Like the concept of "disparate impact" , it was conjured up out of the Constitution as part of the tortured jurisprudence on race that goes back at least to the Brown decision of 1954.
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