Some random potential quotes

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Comment: Migrated to Confluence 4.0


The liberty of the citizen to do as he likes so long as he does not interfere with the liberty of others to do the same, which has been a shibboleth for some well known writers, is interfered with by school laws, by the Post Office, by every state or municipal institution which takes his money for purposes thought desirable, whether he likes it or not. The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics. -"Holmes" dissent in Lochner

"It was no longer possible to peg the guarantees of the 14th amendment to the struggle for equality of one racial minority"
 -Powell opinion in Bakke

"The freedom of a university to make its own judgments as to education includes the selection of its student body. The right to select those students who will contribute the most to the "robust exchange of ideas"...invokes a countervailing constitutional interest, that of the first amendment"
-Powel opinion in Bakke

"A state government may adopt race-conscious programs if the purpose of such programs is to remove the disparate racial impact its actions might have otherwise have and if there is reason to believe that the disparate impact is itself the product of past discrimination, whether its own or of the society at large"
-Brennan dissent in Bakke

 "To be narrowly tailored, a race-conscious admissions program cannot use a quota system---it cannot 'insulate each category of applications with certain desired qualifications from competition with all other applicants."
-O'Connor Opinion in Grutter

"Stripped of its "critical mass" veil, the law school's program is revealed as a naked effort to achieve racial balancing"
-Rehnquist dissent in Grutter

The "percentage plans" are just as race conscious as the point scheme (and fairly so), but they get their racially diverse results without saying directly what they are doing or why they are doing it. Equal protection cannot become an exercise in which the winners are the ones who hide the ball.
-Souter dissent in Gratz