07 March 2003

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My law school has signed on to an amicus brief approving Michigan's use of racial preferences.

Not sure how I feel about that. The part of Bakke which is most quoted and relied upon comes from a W&L grad (Powell) so I guess the school is trying to support the legacy of one of its own.

An Aside (possibly apocryphal): Powell is looked back upon fondly as a fine example of the Southern gentleman lawyer-judge. He is remembered as polite and deferential to the person arguing his case even if he disagreed with the argument. One of the stories bandied about while I was at law school was that he was so perturbed by the abrupt, confrontational, and constant questioning by Scalia that he turned to a colleague during oral argument and asked "Do you think that young man realizes the rest of us are here?"

I would almost pay money if anyone could point me to a book, article, or transcript which provided actual proof of this event. Almost . . .
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