disadvantage of deliberate obfuscation

“I have said before and reiterate here that only an ostrich could regard the supposedly neutral alternatives as race unconscious.”

…I have several times explained why government actors, including state universities, need not be blind to the lingering effects of “an overtly discriminatory past,” the legacy of “centuries of law-sanctioned inequality.”

…As Justice Souter observed, the vaunted alternatives suffer from “the disadvantage of deliberate obfuscation.”

— Justice Ginsburg

(from her dissent in the Fisher case)

 

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