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  • O’Connor’s Logic in Affirmative Action Decision Lacks Legal Precedent:Landmark Sociological Babble

    07/14/2003 5:17:09 PM PDT · by Vindiciae Contra TyrannoSCOTUS · 5 replies · 85+ views
    Human Events ^ | Jul 14, 2003 | Paul Craig Roberts
    Columnists have had a field day with Justice Sandra Day O’Connor’s Supreme Court decision (Grutter). In effect, O’Connor declared diversity to be a "compelling state interest" that trumps the equal protection clause of the U.S. Constitution. Thomas Sowell described the five-member majority as "vacancies without resignations." Shelby Steele declared the ruling "a victory for white guilt." Michael Kinsley wrote that O’Connor was "splitting a difference that can’t be split." The most striking feature of the decision is the absence of legal argument. The ruling rests on sociological babble about "critical mass diversity." The substitution of sociology for law is the...