The eight remaining justices considered the arguments made by Michigan Solicitor General John Bursch as to why the Sixth Circuit was wrong and the measure should be allowed.
Justice Sonia Sotomayor led off the questioning against Bursch, asking him why this case wasn’t “identical” to the anti-busing initiative case. Bursch pushed back that the busing case was about “trying to create, in the court’s words, equal educational opportunity,” which Sotomayor countered supporters of affirmative action would say is their aim as well.
In his first comment of the argument, Kennedy echoed Sotomayor and gave hope to supporters of affirmative action, saying, “I have difficulty distinguishing Seattle.”
Article Appeared @http://www.buzzfeed.com/chrisgeidner/justices-arguments-reflect-a-deep-divide-on-the-aims-of-the