Phi Beta Cons

The Right take on higher education.

K. C. Johnson on Fisher v. Texas


Over at Minding the Campus, Professor K. C. Johnson has a good piece on the amicus brief filed by Stuart Taylor and UCLA law professor Richard Sander, which sheds a lot of light on the true effects of affirmative-action policies, in contrast with the dreamy, wishful thinking about them that sufficed for Justice O’Connor in Grutter.

Taylor and Sander aren’t alone. There are several other sharp briefs that call into question the assumptions behind racial preferences. Also, next month Russ Nieli’s book Wounds That Will Not Heal: Affirmative Action and Our Continuing Racial Divide is scheduled for publication. I have read the book and it makes an overwhelming argument that racial preferences, far from advancing any compelling educational good, are highly counterproductive. This time, perhaps, the justices won’t meekly defer to the supposed expertise of the university (as in Grutter), but will carefully examine the rationales offered for continuing to favor some people over others just because of their ancestry.


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