The Volokh Conspiracy

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

Affirmative Action

David Lat on Race-Based Affirmative Action


I much liked his latest item on the subject, in his Original Jurisdiction newsletter. It's hard to say anything really new on the subject, but Lat sets forth his position well, as he always does. He begins:

I'm a moderate, capable of seeing shades of gray in almost any issue. There are only a few issues about which I feel strongly. Free speech is one, as my regular readers know. Another is affirmative action, by which I mean racial preferences—i.e., giving a candidate a plus or a minus based on nothing more than their race….