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Can never use racial preferences, but he did write, quote, this case is not about how the debate about how racial preferences should be resolved. It is about who may resolve it. There is no authority in the constitution of the United States or in this courts precedents for the judiciary to set aside michigan laws that commit this policy determination to the voters. The dissenting votes coming from justices Ruth Bader Ginsburg and Sonia Sotomayor who wrote at length about what they call persisten...