AA (Which groups benefit?)

[Douglas Laycock]

  In 2040, the population of Texas is projected to be 59% Hispanic,
24% white, 9% black, 8% all other.  The Hispanic population will
still be, on average, 12 years younger than the white population, so
even apart from immigration, the Hispanic population will still be
growing faster than the white population.  2040 is as far out as
anyone has projected, but there is no reason to think Hispanic
population growth will have peaked.

  So yes, Texas has a compelling interest in affirmative action for
Hispanics.  They are going to be running the state.  If that
population continues to be disproportionately poor and undereducated,
the whole state will suffer.

  Quoting davidebernstein at aol.com:

> I find at least some of the rationales for affirmative action (in 
> terms of preferences) presented on this list  and elsewhere 
> persuasive, both constitutionally and policy-wise in some 
> circumstances.  But many of them are either primarily or
exclusively
> applicable to the experience of African Americans--a population 
> subjected to slavery, Jim Crow, etc., and still highly segregated
de
> facto from the white population.
>
> To what extent can these rationales be applied to other groups who 
> are the beneficiaries of preferences, such as Asian Americans (who
I
> believe still qualify under some federal, state, and private 
> programs, if not in university admissions), or culturally and 
> ethnically European individuals with Spanish-speaking (albeit 
> generally   If the Supreme Court swapped the "diversity" rationale 
> for one of these other rationales, wouldn't AA as applied to other 
> groups become suspect?
>

Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713
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