Challenge To Affirmative Action Ban Reveals Deep Divide At Supreme Court

“My goodness,” he said, telling Driver that he thought “the 14th Amendment protects all races,” and that the view that it protected “only the blacks” had been rejected.

Driver pressed forward, saying that “the question of discrimination” is aided by looking at those with power and privilege and those who “need protection from a more privileged majority.”

“Do you have any case of ours that propounds that view of the 14th Amendment, that it protects only minorities? Any case?” Scalia asked Driver.

“No case of yours,” she replied curtly.

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