Phi Beta Cons

Another Lawyer Excoriates the Sixth Circuit

Larry Purdy, one of the lawyers who worked on the Gratz and Grutter cases, writes here about the absurd Sixth Circuit decision.

Many years ago when I was in law school, I was disabused of the notion that judges always look objectively at the written law in formulating their views on cases. I forget the precise case, but one of the Supreme Court justices is said to have told his law clerk, “I know how I want this to turn out; now find me a justification.” This seems like the same thing. Two judges who feel compelled to support “affirmative action” had to come up with some rationale for overturning a law saying “no” to racial preferences, so they devised a Rube Goldberg of an opinion to make the Fourteenth Amendment say the opposite of what it says.

I reviewed Purdy’s book Getting Under the Skin of Diversity here.

George Leef is the the director of editorial content at the James G. Martin Center for Academic Renewal.


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