Reports from oral arguments in Fisher v. UT Austin are coming back, and as expected, the future of affirmative action looks uncertain. It also looks like it’ll come down to Justice Anthony Kennedy.
Lyle Denniston with the indispensable SCOTUSblog offered some first reactions:
> For all of the hype that preceded this argument, with fear and loathing among supporters of affirmative action, the entire seventy-nine minutes of exchanges were subdued, sometimes highly technical, and had more of the flavor of a seminar than a grand constitutional confrontation.
U.S. Solicitor General Donald B. Verrilli, Jr., in his brief stint at the lectern, essayed some soaring rhetoric about the virtues of a multicultural society, but it seemed a bit too calculated.