There’s an old saying in the legal profession: Bad facts make bad law.
Sometimes, however, bad facts highlight the need for better law.
On Thursday, the Supreme Court ruled that, in the case of college admissions, the bad facts of racial discrimination created the necessity of a new standard.
The defendant, Harvard University, had repeatedly undermined its own case for race-conscious affirmative action, and the court’s new precedent outlaws racial discrimination in admissions while still preserving the state’s ability to respond to the legacy of past injustice.
To understand why Harvard lost — and why race-based affirmative action in public colleges and federally-funded private schools is now unlawful — it’s necessary to understand two key facts about the case.
Persons:
John Roberts, Justice Roberts, —, Clarence Thomas
Organizations:
Harvard University, Harvard, University of North
Locations:
University of North Carolina