Supreme Court Reminded That Harvard’s REAL Diversity Problem Is The Lack Of Smart Conservatives

//

(Photo by Al Drago/Getty Images)

Today’s oral arguments in the affirmative action challenges against UNC and Harvard packed in a lot over the course of five hours. Unfortunately, very little of that content involved any legal or factual analysis. But what it lacked in judicial content, it more than made up in robed policy making and casual racism.

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-top-300x250" ); googletag.enableServices(); });

From distorting Justice O’Connor’s dicta that she hoped for a country that wouldn’t need affirmative action by 2028 into a sunset clause to musing that affluent Black people don’t face discrimination, the Court delivered the biggest hits in the anti-diversity catalog one after another without a miss.

Sponsored PD Appreciation Month: Professional Development & Business Development Mixer 2022 Recent workplace changes like remote work or quiet quitting highlight the value of business and career development training for all legal industry professionals. From Practising Law Institute

It was truly the Midnights of white grievance.

The moment when I completed my personal BINGO card arrived when “viewpoint diversity” entered the conversation. At one juncture, Consovoy McCarthy partner Cam Norris pointed out that “Harvard is not diverse at all,” because only 9 percent of incoming students identify as conservative. A classic of the genre!

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-middle-300x250" ); googletag.enableServices(); }); googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-storycontent-440x100" ); googletag.enableServices(); }); googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-in-story-youtube-1x1" ); googletag.enableServices(); });

There’s a vague logic to this argument. To the extent schools to champion affirmative action as a tool to promote “diversity” as opposed to, say, “redressing past discrimination,” the underrepresentation of any slice of the American pie makes the place slightly less “diverse.”

On the other hand, this is stupid. At its core, viewpoint diversity posits that “not believing in climate change” is on par with facing the obstacles society throws at people based on race or gender or sexual orientation. In the famous admonition to judge people on content and not the color of their skin — viewpoint diversity begs that we not judge people on content either. It’s an appropriation of the rhetoric of justice to give more opportunities to right-wingers based on the fact that they’re right-wingers.

Sponsored Sponsored Shifting Dynamics: A New Era of L&E Related Legal Matters How can legal leaders continue to cost-effectively address L&E investigations in this current economic climate? Join us on November 17th to find out. From Axiom and Above The Law Sponsored 5 Key Strategic Steps For Data Privacy Compliance Legal’s guide to keeping risk management manageable. From SimpleLegal and Above The Law Sponsored The Lawyer's Guide to a Comprehensive Open Source Compliance Program Join us on November 16th to uncover the key ingredients of a comprehensive, effective, and efficient compliance program. From Fossa and Above The Law Sponsored Investing In Mental Health Can Show Concrete ROI. Here’s How. Ways to see proven ROI from a workplace mental health program From Spring Health and Above The Law

But it’s an effective hack. Justice Thomas at one point lamented that he had no idea what diversity meant because it “seems to mean everything for everyone.” That’s not exactly wrong… if one starts cynically diluting the concept ad absurdum.

Which is the whole point.

Conservative Law Profs Want ‘Viewpoint Diversity,’ Which Is Kinda Racist

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-bottom-300x250" ); googletag.enableServices(); });

Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

Sponsored Sponsored PD Appreciation Month: Professional Development & Business Development Mixer 2022 Recent workplace changes like remote work or quiet quitting highlight the value of business and career development training for all legal industry professionals. From Practising Law Institute Sponsored Investing In Mental Health Can Show Concrete ROI. Here’s How. Ways to see proven ROI from a workplace mental health program From Spring Health and Above The Law Topics

Affirmative Action, Courts, Racism, Supreme Court