Richard Epstein on the Admissions Case

Reasonable Disagreements | Richard Epstein, Adam White

Richard Epstein (NYU Law professor, University of Chicago Law School professor emeritus), offers an assessment of the case (12 mins starting at 32:44):  If it had been "a little bit of a preference...everybody would've let this thing slide...[but] it's not just a tiny change, it's a huge seismic shift in terms of the level of preferences"...."Harvard...thinks that it should do whatever it wants because it's one of these regnant institutions...[but] their evidentiary record was simply terrible on this."

Epstein believes it's "very hard to say that affirmative action as it's currently practiced [should continue]...there's too much of an ideological overtone, it's not only a question of who you admit, but now how you start to think."

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Future of Affirmative Action in Doubt