The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Race Discrimination

George Mason University President Planning on Illegal Race Discrimination in Faculty Hiring


That's the legal opinion from Hans Bader (Liberty Unyielding), which strikes me as basically sound.

The president of George Mason University wants to give minorities a big advantage in hiring until the faculty is as heavily minority as the school's student body and the future, mostly non-white U.S. population. This is illegal, say lawyers and law professors….

Institutions can't hire based on race to make their staff mirror society's current racial composition, much less its future more heavily non-white racial composition. That would be "outright racial balancing, which is patently unconstitutional," according to the Supreme Court….

Read Bader's post for many more details.