Monday, July 02, 2007

Dorf on Affirmative Action

Over at Findlaw, Michael Dorf digs into last week's Supreme Court decision in the school desegregation cases and provides some good analysis about the "who's really keeping Brown alive" argument that both the Court and the dissenters (and their various PR factions) have been waging. He also points out the problem with the Court deferring greatly to a school's ability to violate the First Amendment (the "Bong Hits 4 Jesus" case) while strictly reading the language of the Fourteenth Amendment to prevent similar deference when it comes to racial issues in schools.

I'm not sure I agree with Dorf's ultimate conclusions, but it's the must succinct commentary I've seen on the cases yet.

1 comment:

Christopher Scott Jones said...

Dammit, I was hoping for some hilarity from Tim Conway.