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Read the dissents in the Supreme Court ruling against affirmative action

Updated: Jul 6, 2023

Three justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — dissented in the Supreme Court’s decision against affirmative action Thursday.

Sotomayor and Jackson each wrote dissents against the court’s ruling that Harvard and the University of North Carolina discriminated against white and Asian American applicants by using race-conscious admissions policies that benefited applicants from underrepresented backgrounds. Kagan signed both dissents.

Jackson recused herself from the Harvard case because she served for years on one of Harvard’s governing boards, but she participated in the North Carolina case.


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