Inside Higher Ed has an article on it today. It quotes me (quite fairly), and here’s the full statement I sent them:
OCR’s guidance, while belated, is a helpful and legally sound description of what the Supreme Court held in the Gratz and Grutter decisions. Those decisions — and other Court decisions regarding the use of racial and ethnic classifications and preferences, as well as the text of the Constitution and civil rights statutes — make clear that any such discrimination is extremely difficult to justify and will be viewed with great skepticism by the Court. Accordingly, OCR is quite correct to state that it will view such discrimination with similar skepticism.
The NAACP LDF, on the other hand, apparently would prefer that politically correct discrimination be treated as no big deal. Fortunately, such an approach is not permitted by the law — the selective quotations in LDF’s response to the contrary notwithstanding — and cannot be permitted by OCR. It is also rejected by the American people, who do not like racial discrimination of any kind, and who demand that individuals be judged by the content of their character, not the color of their skin. Once upon a time, the NAACP LDF demanded that, too.