THE CONSTITUTION MEANS WHATEVER JUSTICE KENNEDY SAYS IT DOES:

Supreme Court to hear schools race case (GINA HOLLAND, Associated Press)

Race cases have been difficult for the justices. The court's announcement that it will take up the cases this fall provides the first sign of an aggressiveness by the court under new Chief Justice John Roberts.

The court rejected a similar case in December when moderate Justice Sandra Day O'Connor was still on the bench. The outcome of this case will turn on her successor, Samuel Alito.

"Looming in the background of this is the constitutionality of affirmative action," said Davison Douglas, a law professor at William and Mary. "This is huge." [...]

The lower court decision was based in part on a Supreme Court ruling three years ago, written by O'Connor, which said that colleges and universities could select students based at least in part on race.

We know who will write the majority opinion, just not which side he'll be on.

Posted by Orrin Judd at June 5, 2006 12:10 PM