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CrabCake
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Posts: 19,350
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« on: July 02, 2022, 04:32:22 AM » |
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Maybe Runyon v. McCrary could be in danger if some demented private school was set up for only one race and decided to challenge. (As someone said earlier, whatever else you can say about Thomas etc they do dislike the government using explicit mentions of race in policymaking). Even there, where you could make the conservative ideological case about parental choice/rights of private institutions, the court aren't unaware of PR - they know the difference between a ruling on a hot button issue like abortion and making a ruling that would be seen as retrograde by 99 percent of the population and risks undermining their own credibility. These people, despite their mystical garb and apolitical shrouding, are politicians, and like all politicians they don't want to be too far out of the status quo.
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