Needed: A Disparate-Impact Inventory

Roger CleggDisparate Impact

I’ve given kudos to the Department of Justice for its filing against Harvard in the lawsuit where the school is charged with discrimination against Asian Americans in admissions.  (That’s a case where the Center for Equal Opportunity has also filed an amicus brief and published two papers, by the way.)  Here’s hoping that the administration will likewise oppose politically correct preferences in employment and contracting; for the latter, especially, there’s much the federal government needs to do to put its own house in order. The other big area of race-based decision-making is the application of the “disparate impact” approach to …

Colorblind Law

Terry EastlandRacial Preferences

The Supreme Court Refuses to Stand in the Way of the People of Michigan In 2014 the Justices refused to strike down a ballot measure in Michigan providing that the state and its agencies “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, and public contracting.” I wrote about Schuette when the decision was handed down (for The Weekly Standard). It was a ruling that allowed the people of Michigan—and not the federal courts—to decide whether basic …

Suggested Reading on Civil Rights Issues

Roger CleggCurrent Events

Overview Two pieces from ScotusBlog discussing what the Supreme Court needs to do in the area of racial preferences, etc. http://www.scotusblog.com/2010/02/ending-racial-preferences/ http://www.scotusblog.com/2016/08/the-court-after-scalia-what-a-conservative-successor-to-justice-scalia-would-mean-for-affirmative-action/  Education Racial preferences in higher education:  These pieces discuss both why “diversity” should not be a “compelling interest” — and how the Court’s acceptance of it still leaves challenges to racial preferences quite possible.  https://www.insidehighered.com/views/2016/06/24/supreme-court-ruling-fisher-while-disappointing-narrow-one-essay  http://www.scotusblog.com/2012/09/online-fisher-symposium-no-compelling-interest-no-reason-not-to-say-so/ http://www.scotusblog.com/2015/09/symposium-getting-serious-about-racial-discrimination/ http://www.findlawimages.com/efile/supreme/briefs/02-241/02-241.mer.ami.ceo.pdf (CEO amicus brief in Grutter/Gratz) Race-based assignments in K-12 education: https://www.nationalreview.com/2012/05/bad-guidance-racial-preferences-roger-clegg/ Ending school desegregation decrees: https://www.justice.gov/sites/default/files/osg/briefs/1990/01/01/sg900145.txt (DOJ amicus brief in last Supreme Court case to address this issue)   (law review article by a former colleague) Employment https://www.nationalreview.com/2014/10/lawsuits-wanted-roger-clegg/ https://ceousa.org/attachments/article/1116/George%20W%20Bush%20Retrospective%202009.pdf (see …

The ‘Good Judge’

Terry EastlandUncategorized

“My only agenda is to be a good judge.” –Antonin Scalia, in his 1986 Senate Judiciary Committee confirmation hearing I wrote this article for The Weekly Standard in 2006 and am republishing it here this week in light of the fact that we have a new Justice—Brett Kavanaugh—and he is a jurist who has echoed Scalia’s aspiration, that of being a good judge. Forgive the length of this piece, but it does cover many things about Scalia that are worth knowing: what the judicial power is, what originalism and textualism are, what the Living Constitution is, and why we should …

Americans Don’t Like Racial Preferences

Roger CleggRacial Preferences

According to a recent survey, Americans don’t like racial preferences.  This is not news, being quite in line with many earlier polls, but the time and place here are rather propitious, with the Harvard affirmative-action case going to trial next week. The new survey, by Boston’s public-radio station no less, asked this question: “The Supreme Court has decided colleges can use race as one factor in deciding which applicants to admit. Do you agree or disagree with this ruling?” And 72 percent of those surveyed said they disagreed with the Court’s ruling, with only 24 percent agreeing. (Indeed, the only …

Supreme Confusion

Terry EastlandRacial Preferences

With the trial in the Harvard admissions case scheduled to begin this month, the diversity rationale for racial discrimination is likely to again be debated. A five-Justice majority sustained that justification in 2003 in the Michigan affirmative action cases. “Supreme Confusion” is the piece I wrote at the time (which was published in The Weekly Standard). It was disappointing not only that the Court embraced the diversity rationale, but also that the Bush administration failed to take issue with it—a development that could not have escaped notice among the Justices. If the Harvard case ultimately reaches the Court, diversity may …

The Creepiness of Racial Preferences

Roger CleggUncategorized

Two items in the news recently highlight the creepiness of racial preferences. First, do you think it’s a good idea for medical schools to consider race, instead of simply who’s the best qualified, in deciding whom to admit?  To put it another way, would you like it if you knew your doctor might have been admitted in part for some reason other than his or her likely ability to become a good doctor? I explained to a reporter why such preferential treatment is a bad idea, and am quoted in this article.   Here’s the full response I emailed to …

Harvard admissions on trial— the DoJ joins the game

Terry EastlandUncategorized

The government says there is evidence strongly suggesting that Harvard may be engaging in ‘racial balancing.’  The lawsuit claiming that Harvard College discriminates on the basis of race is scheduled to be heard starting on October 15. I wrote the piece below for The Weekly Standard, praising the Justice Department for filing a Statement of Interest in the case. As the date approaches the department may add to its filing. There is a lot to be tried, as I point out in the article. If it reaches the Supreme Court, the case could generate a landmark decision. The Justice Department …

Constructive Conservatism on Race

Roger CleggUncategorized

A few weeks ago on National Review Online, where I’m a contributing editor, there was a good exchange among David French, Reihan Salam, and yours truly, begun by David’s post, “There’s a Need for More Constructive Conservatism on Race.”  Below are my responses, first to David, and then to Reihan, who had replied to me. *          *          * Thanks for your post, David. I’d offer a few thoughts. First, the principal reason for the stubbornness of racial disparities in this country is family structure — i.e., out-of-wedlock birthrates. About seven out of ten African Americans are born out-of-wedlock, more than …

Harvard Investigates Harvard

CEO StaffDocuments, Press Releases

“Does the admissions process discriminate against Asians?” A new study by the Center for Equal Opportunity finds new evidence of bias against Asian American applicants applying to Harvard (Falls Church, VA) Well before the Students for Fair Admissions sued Harvard for discrimination against Asian American applicants, the university’s Office of Institutional Research (OIR) looked into whether the school’s admissions process disadvantaged Asian Americans. The Center for Equal Opportunity (CEO) analyzes the OIR report data in a study released today: Harvard Investigates Harvard: Does the Admissions Process Disadvantage Asians? Dr. Althea Nagai, a research fellow at the Center for Equal Opportunity, …