Sozi Tulante

Here’s seemingly every affirmative action conversation I’ve had since I started working at Above the Law:

PLEBES: Affirmative action is racist — reverse-racist. It lets an under-qualified minority get into a school I deserved to get into, just because of their skin color! And why? Because 100 years ago things were tough for blacks? Not fair! [Some quote from Justice Roberts I'll care about the minute I care about what an aging white man thinks about racial harmony in America.]
ELIE: Actually, affirmative action can be justified by simply pointing out that diversity of thought and experience is essential when it comes to educating people.
PLEBES: It should be about merit! [Quotes standardized test statistics as if the LSAT is both objective and a standard of merit.] If you get a higher score on a test, you should get in over someone who gets a lower score. That’s merit!
ELIE: But we know that universities look at all sorts of things when considering applicants. They look at whether you have any other talents like sports or music. They look at legacy status…
PLEBES: [Foaming at the mouth now] Legacies are an ENTIRELY DIFFERENT THING. We’re talking about discrimination based on RACE. That’s ILLEGAL!

But maybe people shouldn’t be so quick to dismiss concerns about legacy admissions. According to Richard D. Kahlenberg, editor of a new book called Affirmative Action for the Rich: Legacy Preferences in College Admissions, legacy admissions are bad policy — and potentially unconstitutional…

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