The Department of Justice (DOJ) recently argued that immigrants who have not been legally admitted to the United States have no right to claim protections under the First Amendment. The DOJ built its argument on conflicted case law governing immigrants’ constitutional rights. This Essay argues that, contrary to the DOJ position, all people in…

Schuette v. Coalition to Defend Affirmative Action, the Supreme Court’s 2014 decision on race in university admissions, attracted considerable attention due to the sharp disagreement about race consciousness between Chief Justice John Roberts and Justice Sonia Sotomayor. But behind the evident division on the Court about the race, a close reading of Schuette indicates…