Quote Of The Day

“I should note that some or all of these “preferred practices” [of how to better perform affirmative action at Universities] may be inhibited or prevented by the Supreme Court’s affirmative action jurisprudence, which allows preferences only for “diversity” purposes. Of course, no one really takes this seriously, least of all the Court itself; if this had been taken seriously, Grutter would have had to come out the other way, because the district court found as a factual matter that despite Michigan’s denials, the law school gave preferences only to select Hispanics (Mexican-Americans and mainland Puerto Ricans). Taking the tenth Mexican-American over the first Cuban or Columbian-American may make sense from a redistributivist perspective, but it hardly contributes to “diversity.” Nevertheless, universities must at least pretend to obey the law.”” — David Bernstein, professor at the George Mason University School of Law, blogging at Volokh Conspiracy blog

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