MORE BALKIN AND SCALIA. Cacciaguida compares this Balkin post with this one from Ninomania.

Ramesh Ponnuru writes: FYI, I recently wrote a short article in the print edition of National Review (“Originalist Sin,” March 10) arguing that racial preferences are constitutional.

On the other hand, they’re still illegal under the Civil Rights Act.

On the third hand, they probably shouldn’t be illegal in all cases.

On the fourth hand, preferences are generally a bad idea.