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geopolitics and a little bit of this case. justice kennedy was the senior justice side and who in fact would write the decision and he thought that out himself. secondly he wrote the opinion in such a way as to align the five justices to support his conclusions without themselves writing collateral. i think he did that in part because even though it was a highly divided court he wanted as much unanimity as possible. when one looks at the groundbreaking cases of loving versus virginia or for that matter around the board of education, they were unanimous decisions by the court. and while that did not necessarily make a difference in the legal outcome it did convey the court was one mind in looking at these issues. and the loving case the court overturned a racial integrity statute that was first adopted in 1924. anyone who looked around the country knows that racial integrity has not been respect did given the one drop rule that had effect at how race in this country was viewed
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