Senate Minority Leader Mitch McConnell has a habit of rushing to court to reverse his political defeats. The ink wasn’t dry on the McCain-Feingold Bipartisan Campaign Reform Act when McConnell filed a lawsuit challenging its constitutionality in court in 2002. McConnell and Senate Republicans supported similar suits challenging the Affordable Care Act moments after President Obama signed it. And now McConnell is at it again. Along with 41 Republican Senators, McConnell has filed a lawsuit, which the U.S.
On Wednesday the Supreme Court heard arguments in Fisher v. Texas, the most important affirmative action case in a decade. The Court is sharply divided on the question of the permissibility of racial preferences in university admissions, and the questions posed by the justices reinforced the possibility that Fisher will produce a 5-3 decision pitting five conservatives who want to severely restrict if not eliminate affirmative action in higher education against three liberals who want to preserve it. (Justice Elena Kagan is recused because she worked on the case as Solicitor General).