The Benefit of Affirmative Action

By Thomas Kochman - 07.21.2009

Ross Douthat in his NY Times Op Ed column “Race in 2028” agrees with Sandra Day O’Connor’s concern that court ordered affirmative action not continue indefinitely, a point she made speaking for the court in GRUTTER v. BOLLINGER, a case involving The University of Michigan Law School that took race and ethnicity into account in its university admissions policy. As Douthat put it “Allowing reverse discrimination in the wake of segregation is one thing. Discriminating in the name of diversity indefinitely is quite another.”  

Yet Grutter v. Bollinger expressly says that race may only be taken into account if there is a “compelling interest” and then only if “each applicant is evaluated as an individual and not in a way that makes an applicant\’s race or ethnicity the defining feature of his or her application.” Read more »