Bench Memos

Law & the Courts

Mismatch

In light of yesterday’s oral argument in Fisher v. University of Texas, I’ll link back to these three posts of mine from two years ago—when Fisher I was being briefed—about the mismatch theory (how racial preferences hurt their supposed beneficiaries) and the book Mismatch by UCLA law professor Richard Sander and legal journalist Stuart Taylor Jr. See also the amicus brief filed by Sander and Taylor in the current case and the amicus brief filed by Gail Heriot and Peter N. Kirsanow, both members of the U.S. Commission on Civil Rights.

In this Los Angeles Times op-ed, Michael McGough (who I gather is a supporter of racial preferences) nicely exposes the silliness of the Left’s reaction to Justice Scalia’s mismatch question at oral argument. 

Addendum: Senate Democratic leader Harry Reid reminds us that he is an idiotic demagogue. His cry of “racist” applies far more readily to himself. (Further addendum: Given how irresponsibly charges of racism are flung around, I will clarify that I assume that stupidity rather than racism explains the Reid remark that I link to in the previous sentence.)

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