Cheryl Hopwood vs. State of Texas

Sixteen of the Admitted Blacks Had Lower Scores Than the Rejected Whites

University of Texas law professor Lino Graglia was delighted with the Fifth Circuit decision, having predicted that the law school's grouping of applicants into "racial pools" was open to constitutional attack. This, of course, did not endear him to many students--white, black, and Mexican American--at the university.

During the current term of the Supreme Court, another very weak case--Piscataway Township Board of Education v. Sharon Taxman--is likely to do great damage to affirmative action hiring practices. (A white teacher was laid off in favor of a black teacher when both were equally qualified. Race was the only factor in the decision.) This lemon was pushed by Deval Patrick, a former assistant attorney general of the United States, and our president, who used to teach constitutional law. The case lost in the Third Circuit, and it will lose again in the High Court.

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