Bench Memos

NRO’s home for judicial news and analysis.

Linda Chavez’s Current Column


is about President Obama’s choice to head the Justice Department’s civil rights division, Thomas Perez, and more specifically a troubling article he wrote in 2006 for the Journal of Health Care Law & Policy. The article urges medical schools to use racial preferences in admissions and to be aggressive in developing empirical evidence and legal theories (even beyond what the Supreme Court, alas, had already accepted for undergrad and law-school admissions in its 2003 University of Michigan decisions) to defend them. Perez is likewise eager “to examine whether a similar case could be made in other professions.” The article, while not stupid, completely ignores evidence on the other side (in particular, that marshaled over the years by the American Enterprise Institute’s Sally Satel, no stranger to NRO), as well as the obvious costs to having second-rate doctors providing healthcare to folks whom he already believes to be underserved. Thanks to Nathan Mehrens of Americans for Limited Government for bringing Perez’s article to our attention.


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