The Civil Rights Act does not make exceptions for disadvantaged groups, “lived experiences,” or race — quite the opposite. Using Jackson’s logic, any institution could adopt any racial preferences they wanted. As long as there was some emotional argument for it. Though, in fairness, there isn’t much logic to be had in progressive Calvinlaw.

Moreover, as Jackson surely knows, the Supreme Court exists to use “legal fiat” to uphold the Constitution. Every opinion that Jackson has been on the majority has used this approach.

Jackson argues that government-funded policies that are prejudiced against white and Asian kids — all of them, no matter how hard they work or what their backgrounds might be — are not only legal but necessary. What she fails to concede is that for every instance of “affirmative” race-based admission to a college, there is corresponding instance of race-based discrimination.

[KBJ’s dissent may not be seen as embarrassing today or tomorrow, but it won’t take too many years before it’s seen for what it is — a paean to government-sponsored racism. Roberts rebutted her arguments, while Thomas dissected her soul. Those words will resound through history as a courageous expression of the true meaning of the Constitution. — Ed]