This morning’s N&O proclaimed “Affirmative action survives” following yesterday’s Supreme Court decision in Fisher v. Texas. That might have cheered its “progressive” readers, but the truth is that the Court vacated the Fifth Circuit’s ruling in favor of the University of Texas and remanded the case with instructions to give the arguments about the supposed benefits of “affirmative action” strict scrutiny. If the lower court judges do that, the policy of favoring some students over others merely on account of their ancestry will be in very hot water because the benefits are illusory while there are tangible harms.
I write about the decision in today’s Pope Center Clarion Call.
