Tuesday, February 21, 2012

Another affirmative action case...

It looks like the Supreme Court is going to decide another case about whether affirmative action is appropriate in the university setting.

This was all but inevitable after the Court's split in the Gratz and Grutter cases back in 2003. (I wrote my unpublishable law review note on those cases (when they were pending), so it is kind of a sore spot for me.) Justice O'Connor approved affirmative action to further a compelling state interest in promoting diversity but famously speculated that "25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today."

At the time, this gave me an great idea for the title of a law review article:  "Admissions Impossible: This Opinion Will Self-Destruct in 25 Years."

Turns out we might get a premature explosion.

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