Race Discrimination in College Admissions Should Be Forbidden, Once and for All

Since Brown v. Board of Education (1954), the U.S. Supreme Court has viewed itself as the enlightened molder of social consensus, leading the recalcitrant political branches to reach progressive outcomes demanded by social justice.  Sometimes (as with desegregation) the Court manages to get in front of the parade of public opinion, and sometimes (as with same-sex marriage) the Court forces unruly voters to accept a particular end result. But, as with abortion, sometimes the Court miscalculates, becoming enmired in an intractable political dispute.  And in Regents of the University of California v. Bakke(1978), the Court—fueled by the conceit of its superior wisdom—divined a “solution” to disparate race enrollments in higher education that has proven to be a quagmire.

Yesterday, the Court listened to argument for a second time in Fisher v. University of Texas. Far from “fixing” higher education in Bakke, the Court has generated nearly 40 years of litigation over affirmative action.  Two states figuring prominently in that legacy of litigation—California and Michigan—have enacted laws prohibiting the use of racial criteria in college admissions.  This is ironic because UT relies on the Grutter v. Bollinger(2003) decision—involving the University of Michigan—to justify its use of racial preferences in admissions.  Voters in Michigan effectively overruled Grutter in a 2006 referendum that was upheld by the U.S. Supreme Court in Schuette v. Coalition to Defend Affirmative Action (2014).

Read More at Law & Liberty

  • “Mark Pulliam is one of the few truly fearless, devastatingly incisive, original and yet deeply learned commentators on the contemporary legal scene.  His new blog is a welcome addition and a splendid and provocative resource.”
    Professor Stephen B. Presser
    Raoul Berger Professor of Legal History Emeritus, Northwestern University School of Law
  • “Mark Pulliam is the Walt Longmire of legal conservatism. You don't want to be on the wrong end of his pen. His commentary on law, politics, and policy is not to be missed.”
    Richard Reinsch II
    Director of Law and Liberty, Liberty Fund, Inc.
  • “Mark's blistering criticism of the foibles of the lawyering class and crackpot judges is a worthy penance for a recovering attorney. And it is our gain.”
    Michael Thompson
    Shareholder, Wright & Greenhill, P.C.
  • “Maybe this man’s degree is written in crayon."
    StupidEvilBastard.com
    StupidEvilBastard.com
  • “With the flourish of a pen, Mark Pulliam makes bad guys rhetorically bleed and weak guys physically cringe. It's awesome.”
    Michael Quinn Sullivan
    President & CEO, Empower Texans
  • "Mark Pulliam, writer and thinker extraordinaire, has a new blog. Make sure to visit and register. Mark Pulliam's new blog is a thing of wit and intelligence."
    Bradley J. Birzer
    Professor of History, Hillsdale College, President of the American Ideas Institute, and editor at large of The Imaginative Conservative
Featured In

Sign up for updates

Get the latest updates, news, and alerts directly from the source.
We promise, we don't spam.

Featured Tweets

The future of the Republic hangs on the January 5 special election in Georgia. https://t.co/VqcnB3TGRN
- Sunday Nov 29 - 3:14pm