The United States Law Week

Race-Based College Admissions Could Face End with Kavanaugh

July 10, 2018, 1:08 AM

Brett Kavanaugh hasn’t weighed in on college affirmative action cases, but his history suggests he would oppose policies supported by Justice Anthony Kennedy, who often served as a critical swing vote in affirmative action’s favor.

Kavanaugh, as a “textualist,” tends to rule based on the plain meaning of the law’s text, said Ilya Shapiro, editor-in-chief of the Cato Supreme Court Review, which is affiliated with the libertarian Cato Institute. He said he expects Kavanaugh to “be ready to say that using race with admissions violates the Equal Protection Clause.”

Currently, colleges and universities are allowed to use race in...

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