Secular purpose

[Mark Graber]

The University of Texas Law School (or Cal/Berkeley or UCLA) admits a
class with the same percentage of persons of color as in years when
affirmative action was applied freely (if not always openly).  A
white student sues.  He or she produces 10 statisticians, four of
whom have Nobel Prizes or the equivalent in statistics, who claim
that the numbers cannot be explained except if race was used as a
factor.  Texas counters with Sandy Levinson (who has a PhD in a
social science) and Richard Delgado, both of whom deny that race was
used.  What result? (should justices do everything in their power to
purge themselves of the knowledge that no person not a militant
supporter of affirmative action thinks the data can be explained
without race?)

Mark A. Graber
mgraber at bss2.umd.edu