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Strict in Theory, Loopy in Fact


Publication Date: 
August 18, 2006
Journal Article
Bibliography: Nathaniel Persily, Strict in Theory, Loopy in Fact, 105 Michigan Law Review First Impressions 43 (2006).


The truly unprecedented development in the case for me was Justice Scalia's vote to uphold what he considered a racial classification under the Equal Protection Clause, but one that survived strict scrutiny. This essay tries to explain why his opinion is important, both in its own right and with respect to its implications for how he might consider the upcoming challenges to the newly reauthorized Voting Rights Act.