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Further Reflections of an Affirmative Action Baby

Stephen Carter Stephen L Carter Reflections of an Affirmative Action Baby Above the Law blog.jpgIn 1991, Yale Law School Professor Stephen Carter published a provocative book on affirmative action entitled Reflections of an Affirmative Action Baby. The book became a bestseller and sparked a national debate about affirmative action and its effectiveness.

Over the long weekend, Professor Carter revisited the topic of affirmative action, in an op-ed piece for the New York Times:

Thirty years ago last week, the Supreme Court handed down its Bakke decision, hoping to end the argument over the constitutionality of affirmative action in college admission. But with hindsight, it’s clear that the justices mainly helped hasten the end of serious discussion about racial justice in America. As they set the stage for a lasting argument over who should get into college, the wound of race continued to fester, unhealed, and our politics moved on.

After discussing the Bakke ruling and Justice Powell’s controlling concurrence, familiar territory for most law students and lawyers, he writes:

Justice Powell’s laudable effort at compromise had sown confusion. Eventually, college administrators worked out their response: They would pay attention to the Bakke decision when it suited them — the rest of the time they would ignore it.

In the ensuing years, America has come to treat racial injustice the same way. Having failed miserably in our efforts to undo the damage wrought by two centuries of slavery and another of Jim Crow, we threw up our hands and moved on. We still fight over affirmative action and pretend it means we’re fighting over racial justice. We debate its pros and cons in order to avoid coming to grips with more fundamental challenges.

Especially in the ATL comments. But is arguing over affirmative action in the context of law schools or law firms missing the boat? Professor Carter seems to think so:

Those who suffer most from the legacy of racial oppression are not competing for spaces in the entering classes of the nation’s most selective colleges. Millions of them are not finishing high school. We countenance vast disparities in education in America, in where children start and where they come out. And we do not even want to talk about it.

So what should be done? Read more, after the jump.

Here’s some analysis that opponents of affirmative action might find appealing:

University affirmative action programs, whatever their benefits, are no remedy for the problems of the black poor. Perhaps this is why Barack Obama has questioned publicly whether his children should benefit from them and also why leading voices on the black left — Cornel West comes to mind — have proposed that college admissions programs give preferential consideration based on economic class.

And here’s something they might be less enthused about (at least those opponents who believe that racial discrimination is no longer a serious problem in the United States):

[R]estructuring affirmative action programs, although perhaps a good idea, would in the end, like the Bakke decision, amount to more tinkering around the edges. Unless racial justice once again becomes the centerpiece of American politics, with both parties willing to rethink their positions, those who are suffering most from our legacy of racial oppression will continue to fall further behind.

You can read the complete op-ed by clicking here. Feel free to discuss in the comments.

P.S. We’ve thrown in below links to two pieces from several weeks ago that we meant to write about but never got around to discussing. Both are related either to affirmative action or minorities within the legal profession. Feel free to discuss them in the comments as well.

Affirmative Distraction [New York Times]
Did Affirmative Action Really Hinder Clarence Thomas? [American Lawyer]
The 50 Most Influential Minority Lawyers in America [National Law Journal]

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