Next time I consider writing a race-based post I am just going to look for Supreme Court opinions on point.
From today’s Conlaw reading:
Adarand Constructors v. Pena, 515 U.S. 200, 241 (U.S. 1995)
(STEVENS, J., dissenting). It is also true that “remedial” racial preferences may reflect “a desire to foster equality in society,” But there can be no doubt that racial paternalism and its unintended consequences can be as poisonous and pernicious as any other form of discrimination.
So-called “benign” discrimination teaches many that because of chronic and apparently immutable handicaps, minorities cannot compete with them without their patronizing indulgence.
Inevitably, such programs engender attitudes of superiority or, alternatively, provoke resentment among those who believe that they have been wronged by the government’s use of race. These programs stamp minorities with a badge of inferiority and may cause them to develop dependencies or to adopt an attitude that they are “entitled” to preferences.
And,
Grutter v. Bollinger, 539 U.S. 306, 349 (U.S. 2003)
(SCALIA) Still other suits may challenge the bona fides of the institution’s expressed commitment to the educational benefits of diversity that immunize the discriminatory scheme in Grutter. (Tempting targets, one would suppose, will be those universities that talk the talk of multiculturalism and racial diversity in the courts but walk the walk of tribalism and racial segregation on their campuses–through minority-only student organizations, separate minority housing opportunities, separate minority student centers, even separate minority-only graduation ceremonies.)
The university described in Scalia’s parenthetical reminds me a lot of the University of Miami, where there was a beast known as “minority life” which consisted of minority fraternal organizations, clubs, events, and a de facto minority dorm.
That was the backdrop for the 0L summer “I am not Tyrone” tirade post.
That was also why I didn’t apply to the minority Big Law summer internship program, which had a prompt akin to “Tell us your victimization story.”
Anyhoot. Back to Conlaw… this week is officially crunch time…































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