Writing on Inside Higher Ed, Roger Clegg offers his thoughts on the likely outcome of Fisher v. Texas (as well as some other matters). He foresees another part-way decision that makes it harder for college administrators to use de facto quotas to create “diverse” student bodies, but does not say once and for all that racial preferences are unconstitutional. Probably right.
Of course, the piece aroused the ire of some IHE readers. The first comment repeats a silly jab I have seen many other places, namely that Abigail Fisher wasn’t such a great student anyway. The problem with that is its stupendous irrelevance to the constitutional issue. Fisher is about the university’s policy of preferring some applicants over others merely because their ancestry puts them into a group that administrators favor. The individual students have nothing to do with it.
Now we get to wait until June (presumably) to find out if Roger is right.