Justice Stevens and the Supremacy of Judge-made Law

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Justice Stevens turned out to be one of those Republican appointees to the Court who “grew” during his tenure. That was nowhere more evident than in cases challenging the legality of racial preferences. Consider that in the landmark Bakke case (1978), Stevens wrote an opinion joined by three other justices finding that a medical school admissions quota violated Title VI of the Civil Rights Act of 1964. Here is how he began that opinion:

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