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I agree that Sotomayor shouldn't be characterized as "outside the mainstream," particularly in light of the breakdown of the judges' votes as mentioned in the post. I just want to say that some people (me, for instance) object to race-based affirmative action but don't object to "legacy" affirmative action (or other preferences received by various people) for the simple reason that it's against the law to discriminate on the basis of race.