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Peter and Racial Profiling



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In my view, Peter, racial profiling in neither context — that is, in neither immigration enforcement nor university admissions — is good policy, even if the Supreme Court says that one or the other is constitutional, or that both are. I would say that the interest is less compelling in university admissions than in border control, but that’s a low bar, since I don’t think that the former is compelling at all. And, in any event, it certainly does not follow that, therefore, I must accept the latter as being compelling as a policy matter. If a plausible justification for the Arizona law was that it was necessary to catch terrorists, I might feel differently, but that’s not a plausible justification and not one that officials in Arizona are using. 



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