KC Johnson and Charlotte Allen provide some useful analysis of the Fifth Circuit's appeals level decision upholding the the race-based admissions policies of the University of Texas, Austin. Have a look in particular at the opinion of Judge Emilio Garza, for which KC's piece provides a link. Garza voted with his colleagues, but did so on technical constitutional grounds: the UTexas Austin policies were, alas, consistent with the US Supreme Court's ruling in Grutter v Bollinger (2003), upholding the use of race-based admissions for achieving "diversity" in the University of Michigan's law school. His vote cast, Judge Garza then proceeds to offer a scalding analysis of the race-driven "diversity" admissions that Grutter legitimizes. If the Supreme Court is looking for reasons to revisit that unfortunate case, this opinion provides plenty of them.
- January 25, 2011