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Constitutional Law

Race: Result

There is a great deal more that could be done with race — especially mapping the important retreat eventually effected with affirmative action. This version of the book doesn't provide enough on that. Palmore asks the question, "who pays the price to achieve racial equality" — at least if you credit the claims about the costs of integration. Lee sets the possibility of segregation being justified even under heightened scrutiny. Note the number of justices formally accepting that conclusion. -LL