Bench Memos

Two More Reasons to End Racial Preferences

Here are two more reasons — that would No. 517 and No. 518, respectively, I think — to hope that the Supreme Court rules in Fisher v. University of Texas next week that racial preferences in university admissions are unconstitutional.

First, so long as they are allowed, it appears that the Obama administration’s Department of Education will insist on racially preferential programs at universities even when the school is willing to get rid of them — see this story today from the Chronicle of Higher Education.

Second, not only do the Constituiton, the civil-rights statutes, and sound policy all weigh in favor of ending racial preferences, but here is the third opinion poll in recent weeks (the first two, by the Washington Post/ABC and Wall Street Journal/NBC are discussed here) showing that, no surprise, people don’t like them. The lastest poll, by CNN/ORC, found Americans opposed to them by 68 percent to 29 percent (versus, by the way, 49–39 ten years ago).

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