Gregory Garre readily acknowledges that convincing a majority of the justices on the U.S. Supreme Court to uphold affirmative action at the University of Texas in 2016 was a long shot.
“Most, if not the vast majority, of Supreme Court observers thought we were going to lose,” said Garre, global chairman of Latham & Watkins’ Supreme Court and appellate practice. Garre had defended the program before, and the court in 2013 sent the case back for further review. It was not a good omen when the case returned to the court and the justices agreed to hear it again.
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