Grasping at Straws -- A Typical Argument in Fisher

by George Leef

On the Scotusblog, a couple of law professors offer an argument that “affirmative action” (these people always avoid the more apt label, “discrimination based on ancestry”) should be upheld in Fisher because of the supposed need to “make up for a legacy of discrimination.” I think this is doubly ridiculous. The drafters of the 14th Amendment were not suggesting legal preferences for anyone, only demanding equal treatment under the law for all. Moreover, the notion that preferences allowing a small number of “minority” students today to attend elite schools rather than some other college does anything to “make up” for legal oppression long ago is laughable.

Roger Clegg gives a more thorough rebuttal here.