Marcia Coyle:
Well, both of them believe that there's nothing in the text of the 14th Amendment that prohibits racial preferences or race-conscious measures.
And they both oppose this idea of a colorblind Constitution. This is something Justice Thomas has been advocating for decades. In fact, today was sort of his crowning achievement that it's finally been recognized by the majority.
Justice Jackson used her dissent to very specifically address how the University of North Carolina's admissions policy worked and how it has — its policy has really inured to the benefit of everybody, not just those students who were getting the racial preference.
And she also felt, as Justice Sotomayor did, that the court was ignoring the facts of life on the ground in order to impose this colorblind rule.
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