Don’t miss John Rosenberg’s dissection of the brief that has been filed by the University of Texas on the home page.
The brief contends that UT uses race as a “factor of a factor of a factor” in its “holistic” evaluation of students, but Rosenberg points out that the facts seem to belie that. The whole enterprise seems calculated to bamboozle Justice Kennedy and get him to fall for the nonsense that worked on Sandra Day O’Connor, namely that the university has the expertise to know how to get the “educational benefits” from “diversity.”
I will add this point. As Rosenberg notes, the brief relies on the supposed need to combat “stereotypes” with racial preferences. Where is there a scintilla of evidence that students entering UT harbor any of those stereotypes? American kids grow up with daily proof that people who are in “the same group” based on ancestry are often vastly different in their individual capabilities and interests. They see it on TV, on the Internet, and often first-hand. Do we need to have a “critical mass” of black students on campus so that all the white and Asian kids will stop thinking that all black people are the same?
Good grief. This isn’t the 1930s. The need to combat stereotypes is a wholly imaginary problem and no doubt the lawyers who wrote the brief realize that, but are desperately hoping that at least five justices will swallow it.