The Sixth Circuit’s embarrassing decision

November 16, 2012 | By JOSHUA THOMPSON

As we reported on Thursday, the Sixth Circuit declared Michigan’s Proposal 2 unconstitutional under the Equal Protection Clause.  The decision has been roundly condemned throughout the legal community.  For good reason.  The decision defies both logic and common sense by holding that Proposal 2 — a state constitutional amendment proh ...


The "diversity" rationale

October 18, 2009 | By JOSHUA THOMPSON

Author: Joshua Thompson Over at The Volokh Conspiracy, Ilya Somin has an interesting post on the justificaiton(s) for race/ethnic preferences at public universities.  He notes how there are two general theories that are held out to justify such preferences: (1) compensatory justice; and (2) promotion of diversity.  He notes how th ...