Later this year, the Supreme Court will hear a high-profile affirmative action case. In the weeks and days leading up to the ruling, discussion of the case will dominate the national media. Much like with the Obamacare case, pundits and legal experts will attempt to predict the outcome, and much like with the Obamacare case, none of these legal experts will even consider the possibility that a liberal justice will rule against the constitutionality of affirmative action.
Of course, Ms. Lithwick is in a perfect position to prove me wrong and inform us all which liberal justice will play the role of John Roberts and cross the ideological divide on this politically charged Supreme Court case. After all, liberal justices are expected to do so.
Mendy Finkel is a corporate attorney practicing in New York. He is a graduate of Columbia Law School.