Will Justices Be Consistent in Their Convictions?

The U.S. Supreme Court heard argument last month in the latest constitutional challenge to race-based preferences in university admissions. The court's decision in Fisher v. University of Texas may determine affirmative action's future. It may also reveal the extent of the conservative justices' avowed commitments to judicial restraint. To understand why Fisher has this significance, recall the court's holding in June that same-sex couples have a constitutional right to marry. In that case, Obergefell v. Hodges, the four most conservative justices dissented. Each emphasized that in our democracy, policy decisions are left to the people or their elected representatives unless the Constitution clearly provides otherwise.

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