I think there is 0 chance any of the six conservative justices let stand practices that, again, are either facially discriminatory or have demonstrated disproportionate impact with no plausible explanation other than discriminatory intent.
The interesting question to me is whether there's a consensus position on acceptable means to "diversity" ends that pulls in Kagan or the other liberals.
The interesting question to me is whether there's a consensus position on acceptable means to "diversity" ends that pulls in Kagan or the other liberals.