Rex Heinke Quoted on Justice Sotomayor Dissent by Law360

In its article “Supreme Court Dissents Gain Power From Twitter Tirades,” Law360 discussed a number of U.S. Supreme Court dissents in this most recent Term that received nationwide attention through social media amplification and also examined the consequent potential impact by justices on future legal and policy decisions. Among others, the publication noted Justice Sonia Sotomayor’s dissent in Schuette v. BAMN, which upheld a Michigan law banning affirmative action programs for university admissions.

In her dissent, Justice Sotomayor wrote, among other points, “Race matters. Race matters in part because of the long history of racial minorities’ being denied access to the political process… Race also matters because of persistent racial inequality in society—inequality that cannot be ignored and that has produced stark socioeconomic disparities. In my colleagues’ view, examining the racial impact of legislation only perpetuates racial discrimination. This refusal to accept the stark reality that race matters is regrettable.” Akin Gump Supreme Court and appellate practice co-head Rex Heinke said of her dissent, “It’s a very passionate cry from the heart. It's based on personal experience. She is arguing that a lot of the court just doesn't understand the problem of race in America.”