Conservatives on SCOTUS believe any* government usage of race is unconstitutional so this isn't even a remotely possible position, and yes they have been consistent on this issue even when it would hurt the party that appointed them.
*atleast as you get more and more conservative. Kennedy for example was more left wing on this issue but still wanted to limit the usage of race. Thomas on the other hand is absolute on this issue.
Not really. Kennedy was more friendly to affirmative action in recent years.
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