“Entrenched racial inequality remains a reality today,” Sotomayor said. “That is true for society writ large and, more specifically, for Harvard and the University of North Carolina (UNC), two institutions with a long history of racial exclusion.”
“Ignoring race will not equalize a society that is racially unequal,” she continued. “What was true in the 1860s, and again in 1954, is true today: Equality requires acknowledgment of inequality.”
Sotomayor also noted that her conservative colleagues relied on arguments found in the dissenting opinions of previous rulings, suggesting that these “lost arguments” are not grounds for overturning precedent and further degrade confidence in the court.
“When proponents of those arguments, greater now in number on the Court, return to fight old battles anew, it betrays an unrestrained disregard for precedent,” the justice said.
“It fosters the People’s suspicions that ‘bedrock principles are founded … in the proclivities of individuals’ on this Court, not in the law, and it degrades ‘the integrity of our constitutional system of government,’” she added.