Tuesday, April 01, 2003
Viewpoint diversity? Unlikely
When law schools make no progress (and no discernible effort) in correcting the patent absence of diversity in viewpoints, it is fair to assume that their true goal is racial patterning, not educational diversity. ...[U]niversities might argue that preferences are needed to make up for egregious past discrimination. That provides a principled rationale for extending preferences to African-Americans and Native Americans while not taking effective action to remedy the gross viewpoint disparities on faculties. In the event the Supreme Court rejects that rationale, private universities could encourage Congress to allow them to engage in race-based affirmative action on the grounds that private institutions should enjoy freedom to admit whom they choose. But by pursuing the diversity rationale, universities have sacrificed their higher calling to truth. Instead, they have become just another political faction, all too willing to dissemble.