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There are a few indications—albeit very tentative ones—that suggest the California Legislature may be getting over its obsession with overturning Proposition 209, the voter initiative that banned state-sponsored preferential policies based on race, sex, or ethnicity. Of course, only time will tell. But even if the Legislature’s Democratic supermajority is getting over that obsession, that doesn’t mean they are abandoning identity politics more generally.
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Gail Heriot is a professor of law at the University of San Diego, a member of the U.S. Commission on Civil Rights, and a book fellow at the Manhattan Institute.