Word: sunstein
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...would find the undergraduate program too rigid, she would not be willing to say race simply could not be a factor, as the Court's other four conservative members did. "Justice O'Connor wanted to stay in the basic universe Powell created," said University of Chicago Law Professor Cass Sunstein. Her opinion ensures that Powell's universe, in which race is a factor in admissions but can't be used in a quota or point system, will remain in place. "That precedent (Bakke) has now been codified into law," said Blum...
...were thrown out at a far higher rate than whites--could use it as the basis for a challenge to Florida's election practices. "This Supreme Court wasn't intending to create the broadest new voting right since one person, one vote," says University of Chicago law professor Cass Sunstein. "But at face value it's not clear that the court didn't do that...
...seemed clear at oral argument in the first round that the Justices were split on partisan grounds. "The most worrisome thing," says University of Chicago law professor Cass Sunstein, "was that the conservatives just gave Gore's lawyer a hard time, and vice versa." And the curt order the court issued Saturday showed the rift is still there. The dissenters issued a stern rebuke to the majority. By stopping the recount, Justice Stevens wrote for all four dissenters, the majority was abandoning its "venerable rules," including the well-established principle of deferring to state courts on questions of state...
...great irony here that the neighsayers themselves are making a profoundly political move--in preserving the status quo. As Cass Sunstein notes in his The Partial Constitution, much modern conservative advocacy centers around "taking, as given and as the baseline for decision, the status quo, or what various people and groups now have." This status quo neutrality masquerades as impartiality or objectivity, advancing its objectives all the more insidiously by virtue of its ostensible ideological purity. Thus there is no apolitical foundation from which the ethnic studies advocates wish to displace the current curriculum. Ethnic studies advocates should not shrink...
...liberals. They want my precious sense of self-esteem to be respected. They demand that others be sensitive to me--what am I saying?--that I be sensitive to others. They insist that the government be given the task of insuring that this happens. They believe, as Cass Sunstein, an expert witness on the other side of the Colorado case said, that the purpose of the Constitution is to "eliminate prejudice...