When affirmative action was originally upheld as constitutional Ginsburg (the most leftist judge) wrote the opinion. Even she recognized that is at its heart racial discrimination, but was only justified based on severe past injustices. But she then wrote in the opinion that it would have to be reconsidered in the future (this never happens/a time limit on a SC decision!). I would say we're well past that time and if any Justice votes to uphold affirmative action they are nothing but a liberal hack with no principles. Im looking at Sotomayor mainly, since she is a hack.