Reading the transcript of the first day’s arguments in Fisher v. University of Texas. I’m going to have to read it like ten more times. Am I reading it incorrectly? The justices seem to be demanding a specific, numeric “critical mass” at which they can judge that UT’s affirmative action program has done its job. A quota, in other words. What in the world is going on?
Ah, General Verrilli’s arguments are a lot more helpful in terms of defining what the Court’s role should be in this...