Diversity by diktat: An obscure 1977 OMB memo forms the basis for today’s affirmative-action programs
SCOTUSBlog
OCTOBER 26, 2022
Bernstein holds a university professorship chair at George Mason University’s Antonin Scalia Law School. Ever since the Supreme Court decided the Bakke case in 1978, enhancing the “diversity” of a school’s student body has been the only permissible rationale for affirmative-action preferences in higher education.
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