In a disturbingly provocative article in the New York Press, Christopher Caldwell argues that the Democrats unnecessarily “went beserk” over the administration briefs in the Michigan AA cases because those briefs provide
the most important substantive defense of affirmative action ever issued by a sitting president. If the Court accepts the president’s reasoning, it will have rescued affirmative action from what appeared to be a terminal constitutional illogic. More than that–it will have secured for this rickety program an indefinite constitutional legitimacy. [Link thanks to Roger Sweeny]
Let’s hope Caldwell is wrong.
