Affirmative action is consistently lauded among the Libs, within Academia, and the pandered-to, weak-kneed Corporations. Law school is no different. Affirmative action is emphasized in admissions policies, in recruiting, and on-campus placement. Moreover, the need for “diversity” clings on the coattails of affirmative action and is becoming more important in hiring practices of elite and medium-sized law firms than the merit of a particular candidate. (I had a classmate who excelled academically, earning his way into the Top 10% of my class. However, he was rejected by a law firm because he was white. He told me that the firm recruiter informed him in a 2nd interview that “We would hire you if you weren’t white”).
After the Michigan cases were decided last year (in which the Supreme Court held that race could be used as a category or factor in the admissions process), the ACLU gleefully uttered their approval:
Today’s ruling recognizes that there is still work that needs to be done to fulfill the promise of equal educational opportunity that the Court set in motion nearly 50 years ago in another landmark case, Brown v. Board of Education, said ACLU Legal Director Steven R. Shapiro.
With today’s ruling, the Court has kept the door open for thousands of academically qualified students of color to continue to pursue the American dream through our nation’s colleges and universities.
Thousands of academically qualified? Well, not really.
UCLA Law Professor Richard Sander has questioned the usefulness of affirmative action in producing enough black lawyers (forget about hispanic or the other selectively disadvantaged races) . . . and the legal profession (or at least some of them) are fastidiously working to dumb-down such intellectual absurdity. Yale Law Professor Ian Ayres apparently disagrees and believes affirmative action increases the odds of more blacks becoming attorneys. However, his analysis (in a forthcoming law review article) reveals how discrminatory the law school admissions process is vis-a-vis “academically qualified” white candidates. Specifically, he (and Professor Richard Brooks) estimate that 42.6% of blacks entering law school had less than a 50% chance of becoming lawyers. (while virtually no white students — .23% — were in this high risk category).
What? How could nearly 43% of “academically qualified” blacks have less than 50% chance of passing the bar compared with a mere 2/10 of a percent of similarly “academcially qualified” white students? In other words, blacks are 853 times as likely not to pass the bar then their white classmates. How much, then, does the race of these candidates factor into their total score when law schools are vetting their candidate pools each year?
It is disheartening that law schools (both elite and podunk) are goading a good chunk of black law students into believing that they have what it takes to graduate from law school and pass a state bar examination. Furthermore, those who fail carry are saddled with the financial burden of $100K or more in loans and no law license to help pay them back. It would make an interesting study to see if those blacks who graduate and pass the bar examination would have been admitted to law schools without affirmative action and how many of those who flunk out or fail the bar leapfrogged other “academically qualified” students of other races only through affirmative action (i.e., using race as a factor in the admissions process).
Who pays the price? An academic culture blinded by race? Law schools? Blacks? Whites? You decide. But don’t tell me that the “benefits” of affirmative action outweigh its costs on society dependent upon capable lawyers to uphold the Constitution.