November 6, 2013

The Obama Administration's logical pretzel

By Joshua P. Thompson Senior Attorney

PLF continues to fight for Abigail Fisher’s right — and every student’s right — to be treated equally under the law.  We have previously blogged about our continued involvement in her case, and the University of Texas’s non-stop efforts to continue discriminating against its students.  Yesterday, the Obama Administration weighed in with an amicus curiae brief in the Fifth Circuit case, and boy, what a dousy.

On the one hand, the Obama Administration has to respect the Supreme Court’s decision last term, where the Court explained that all race-based classifications — even those purported to further an a university’s interest in diversity — must survive strict scrutiny.  On the other hand, the Obama Administration really, really, really, likes racial stereotypes and treating individuals according to those stereotypes.  So what did the Administration do?  You can read the Administration’s brief here.  For those that don’t want to read the whole thing, here is an example of the logical pretzel that the Administration is advancing.  One of their section headings reads:

A COURT SHOULD INDEPENDENTLY REVIEW A UNIVERSITY’S DETERMINATION THAT IT HAS NOT ATTAINED SUFFICIENT DIVERSITY, WHILE GIVING DUE REGARD TO THE UNIVERSITY’S FINDINGS REFLECTING ITS EDUCATIONAL JUDGMENT AND EXPERTISE

Steely Dan would be proud.

 

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