PLF friend Roger Clegg has a very interesting article in Inside Higher Education where he explains why federal action to curb universities continued use of racial preferences is sorely needed. The article talks about this PLF Supreme Court brief he joined which documents how universities continue to flout the requirements of the Equal Protection Clause. The entire article is worth the read. Perhaps most notably, he explains how whatever the speculative benefits of racial preferences are, the costs are real and undeniable.
“But let’s suppose that you are not completely persuaded. That is, let’s suppose that you think, while the justifications for the use of racial preferences are not rock solid, there is at least something to them. Does that mean that we should continue to use them?
The answer is no, and the reason is the obvious one that, when one does a cost-benefit analysis, one has to consider not only possible benefits but also possible costs. So here’s my usual list of the costs of using racial preferences in university admissions.