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...major philosophical disagreements among the Justices was whether these integration policies fall under the rubric of "affirmative action." Ginsburg and fellow Justice David Souter argued that neither district's policy amounts to affirmative action because every student is guaranteed a seat somewhere in the district and because the schools within it are roughly equal. "No one gets left out of the system," Ginsburg said. Souter added that "the principal benefit is the education, not the choice of schools." But Justice Anthony Kennedy responded that that rationale was like saying "everybody can have a meal," but only some...

Author: /time Magazine | Title: An End to Racial Balancing? | 12/4/2006 | See Source »

...Souter was equally troubled by exhortations from Gordon and the Solicitor General that school districts should seek "race-neutral" alternatives. "At the end of the day, the object is... the achievement of racial mixture," Souter said. "Why do they have to hide the ball?" Candor, he suggested, is better than some clumsy proxy for achieving integration...

Author: /time Magazine | Title: An End to Racial Balancing? | 12/4/2006 | See Source »

Kennedy’s appearance was not the first time a Supreme Court justice sat on a moot court bench to judge the Ames competition. Supreme Court Associate Justice David H. Souter ’61 was among the judges last year, and Justice Ruth Bader Ginsburg presided...

Author: By Kevin Zhou, CONTRIBUTING WRITER | Title: Justice Kennedy Presides at Law School | 11/15/2006 | See Source »

...justices mostly ignored the political food fight over the DeLay plan. "It's impossible to take all partisanship out of the political process," wrote Justice David Souter said. But in Wednesday's 5-4 decision, signed by Justice Anthony Kennedy, Texas was ordered to redraw the map and undo the split that had divided Laredo between Bonilla's West Texas district and that of Democratic Congressman Henry Cuellar. The addition of Democratic-leaning Latino voters to Bonilla's district could make him vulnerable in the next election. The opinion also suggested possible changes for the district represented by Democrat Lloyd...

Author: /time Magazine | Title: The Other Big Winner in Texas Redistricting | 6/28/2006 | See Source »

...seemed to be openly hostile to FAIR’s free-speech case yesterday—suggesting that they might be eager to shoot down FAIR’s constitutional claims. And, as the dean of George Mason Law School, Daniel D. Polsby, noted in a phone interview yesterday, Souter “was not particularly interested in the Dellinger [statutory] argument...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Harvard Profs’ Brief Could Still Sway Court | 12/8/2005 | See Source »

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