Why Judges Can't Hear Each Other on Affirmative Action
By Garrett Epps, The Atlantic
There are many reasons to defend affirmative action—opening the doors of society to those who have been excluded, for one, and compensating present-day discrimination that minorities encounter throughout their lives. If those reasons were legitimate, then I think the Sixth Circuit majority would be on relatively firm ground. But currently the courts insist those reasons do not count. But they are the only things that the judges are thinking about, and lawyers can't address them. Until we agree on our terms, the constitutional dialogue on affirmative action will be like dinner at the most miserable Christmas dinner table ever.