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Grutter v. Bollinger: A Constitutional Embarrassment

"All animals are created equal-but some are more equal than others." So goes the crucial line in George Orwell's classic Animal Farm. The Supreme Court's recent decision in Grutter v. Bollinger makes one think of that line, since it gives constitutional approval to the policies used at many colleges and universities that group applicants by race and treat certain groups as "more equal than others." Racial preferences can't be used too overtly, the Court said, but they are acceptable, and if one takes the rhetoric of the decision seriously, it would seem that the nation would be in a terrible state if colleges and universities didn't use them.

Grutter has been wildly cheered by most of the ...

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