Justice O’Connor On (Or Off) Affirmative Action

Speaking to the Ninth Circuit Judicial Conference in Monterey, California, yesterday, Justice O’Connor said “[a]ffirmative action was never meant to be open-ended and there has to be an end point.” And, similarly,

O’Connor wrote in her opinion that she expects racial preferences will no longer be necessary in 25 years. She reiterated Thursday that the high court has always seen affirmative action as having an expiration date, though she did not explain how she arrived at the quarter-century deadline.

Interesting. I wonder whose original intentions she had in mind, where she found them, and whether she regards them as binding. Also, since she agreed that “diversity” is “compelling,” I also wish she would explain why it would be wrong for affiramtive action to last forever. That is, what would be wrong with affirmative action 26 years from now that would not also be wrong 25 years from now. Or now.

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  1. ELC July 23, 2004 at 12:19 pm | | Reply

    “Ninth Circuit Judicial Conference”. Did encoutering that phrase cause anybody else to bust out loud laughing? :-)

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