> Defenders of affirmative action--and even some of its critics--frequently criticize Justice Lewis Powell's controlling opinion in the Bakke case on the ground

> Defenders of affirmative action--and even some of its critics--frequently criticize Justice Lewis Powell's controlling opinion in the Bakke case on the ground that it rejected the most compelling justification for race-based affirmative action while validating a relatively weak justification. I'll offer a hesitant defense of Powell's position (which subsequently was adopted by a SCOTUS majority). http://www.dorfonlaw.org/2017/08/a-tepid-defense-of-diversity-rationale.html http://www.dorfonlaw.org/2017/08/a-tepid-defense-of-diversit...