In 1989 Anthony Kennedy, then a new justice on the U.S. Supreme Court, wrote in an affirmative-action case, “The moral imperative of racial neutrality is the driving force of the Equal Protection Clause.”
In 2003, Kennedy drew from the 1978 Bakke decision in criticizing an affirmative-action program at the University of Michigan. “Racial and ethnic distinctions of any sort are inherently suspect and thus call for the most exacting judicial examination,” he said.
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