Roger Clegg posted his sharp analysis of the big-business briefs filed in Fisher v. Texas on Bench Memos.
When arguing over Grutter, the proponents of racial preferences liked to point out that big business filed a brief favoring the University of Michigan, and then conclude that if big business is in favor, how can you conservatives and libertarians be against? My response is that big business does many things to curry favor with our burgeoning federal Leviathan, none of them necessarily good.
Inter alia, Roger observes that there is a huge non sequitur in the argument. Big business says that they supposedly need diverse workforces (somehow, the Japanese do pretty well without even pretending to favor “diversity,” but we’ll put that aside), and Roger says, “Nothing is stopping you. All you need to do is send interviewers to more colleges to find as much diversity as you need.” Even if diversity is good, all that racial preferences can do is to shuffle around a few of the students who happen to have the ancestry that makes them “diverse.”