One of our heroes, Terry Pell of the Center for Individual Rights, wrote to us in response to my post of Stanley Kurtz’s piece about challenging race-based college admissions in the post-Grutter environment. Here is what Mr. Pell said:
“Of course you are right to emphasize the need to overturn Grutter. Every case we now bring has to expose the deep incoherence of O’Connor’s rationale, not tinker around the edges of what might or might not be permissible.
“Will there be opportunities to do so? It’s hard to imagine there won’t be. After all, O’Connor’s opinion supposes that race can be just another factor. The truth is that in all but a handful of schools, race is used to paper over wildly disparate academic credentials. In these schools, race is the determinative factor and emphatically not ‘just another factor.’
“We intend to bring a strategic handful of cases that do in the next decade what Hopwood and the Michigan cases did in the last — expose the diversity rationale for the sham that it is.”
Readers can support this worthy effort with a contribution to the Center for Individual Rights.
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