Grutter

Racial Preferences–Time to End Them?

A New book by Peter H. Schuck, One Nation Undecided: Clear Thinking about Five Hard Issues That Divide Us, focuses on five issues: poverty, immigration, campaign finances, affirmative action, and religious objections to gay marriage and the transgender movement. This excerpt deals with affirmative action. Institutions argue that a “critical mass” of favored minorities assembled […]

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Justice Kennedy and Affirmative Action

The Supreme Court holds oral arguments tomorrow in Fisher v. Texas, possibly the most consequential case in years involving affirmative action. Many of us critics of racial preferences are optimistic that Justice Anthony Kennedy, the likely swing vote, will agree to modify if not overrule Justice O’Connor’s ruling in the 2003 Grutter case, which, in […]

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Deciphering Grutter V. Bollinger

By Edward Blum As the saying goes, “fuzzy law begets controversy”, and nothing has proven this maxim better than the Supreme Court’s 2003 landmark ruling on “diversity” in higher education. Lacking clarity, the ruling has left individual institutions to interpret how to achieve diversity on their campuses, stoking never-ending conflict over race and admissions. However, […]

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