Tuesday, July 21, 2020

Bad Prediction

"The Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today."
- Supreme Court Justice Sandra Day O'Connor in the opinion for the Court in Grutter v Bollinger (June 23, 2003)
We are now 17 years down the road and not only are racial preferences not going away but racial preferences and even segregation appear to be the wave of the future.  Looks more like Diversity Now! Diversity Forever!  Oh, joy.

The Grutter decision upheld by 5-4 (with Scalia, Thomas, Rehnquist and Kennedy dissenting) the official admissions policy of the University of Michigan Law School that sought to achieve student body diversity.

The concept of "diversity" in school admissions was first introduced at the Supreme Court by the concurring opinion of Justice Lewis Powell in Regents of Univ. of Cal. v Bakke (1978) in which Powell wrote that attaining a diverse student body was the only interest asserted by the university that survived scrutiny.  However, because no other justice joined Powell in his opinion the Courts, as O'Connor expressed it, "have struggled to discern whether Justice Powell’s diversity rationale is binding precedent."  O'Connor, joined by Justices Stevens, Souter, Ginsberg, and Breyer, in stating "The Court endorses Justice Powell’s view that student body diversity is a compelling state interest that can justify using race in university admissions" rendered discussion of the precedential value of Powell's opinion moot.

And with that we were off to the diversity races as academic institutions rapidly established Offices of Diversity & Inclusion to spread the new gospel of Critical Race Theory and suppress any dissenting voices as racists and heretics.

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