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Reason
Reason
Eugene Volokh

Court Refuses to Block West Point Use of Race in Admissions, Doesn't Express Any Substantive Opinion on Question

From today's order in Students for Fair Admissions v. USMA at West Point:

The application for writ of injunction pending appeal presented to Justice Sotomayor and by her referred to the Court is denied. The record before this Court is underdeveloped, and this order should not be construed as expressing any view on the merits of the constitutional question.

The District Court denied a preliminary injunction on Jan. 3, so the case remains pending there; part of the District Court's rationale was:

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