AA (Which groups benefit?)
nebraskalawprof at yahoo.com
Sun Nov 12 13:56:52 PST 2006
A few points in response to Paul about "reverse discrimination."
If A gets a seat in the class on the basis of a racial preference, someone else was denied that seat on the basis of a racial disadvantage. This is just basic math. We may not know for sure if it is Jennifer Gratz or some other member of her racial group, but surely soemone lost out on the basis of race. AA always operates as a redistribution of a scarce opportunity from some A (a member of the disadvantged racial group) to some B (the person who received the racial preference).
Moreover, since no one knows for sure which white student was the actual victim of a taken opportunity, many white students reasonably assume they were harmed by the racial preference/racial discrimination resulting from the AA policy.
And indeed all white students are indeed harmed by the racial standard, because all of them (even the ones who did not actually lose out on the seat in the class) are denied an equal opportunity to compete for the opportrunity without being judged on the basis of race.
Supporters of AA can loudly deny that AA has victims, but you will always lose this argument because in their hearts everyone knows that AA has winners and it has losers. And the winners are selected on the basis of race, and the losers are selected on the basis of race. And the losers are young adults whose dreams for the future are being smashed by a racially discriminatory policy of their government.
AA will always lose at the polls, not because a white majority is voting on the basis of self-interest, but because AA strikes at the heart of the norm concerning race being irrelevant to one's standing under the law. It is fundamentally unfair, and the average guy knows that it is fundamentally unfair.
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence." --J. Budziszewski (The Revenge of Conscience)
"Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id.
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