THE GRUTTER AFFIRMATIVE ACTION decision by the Supreme Court is full of interest as an example of confusion and hypocrisy. One point is the claim that "Diversity" is not just a code word for "African-American". O'Connor's majority opinion says:

The Law School frequently accepts nonminority applicants with grades and test scores lower than underrepresented minority applicants (and other nonminority applicants) who are rejected. See Brief for Respondents Bollinger et al. 10; App. 121-122.

That would be key evidence that at least racial discrimination is not the only reason why some people were admitted with low test scores (That is useful to know for policy reasons, even though I don't think it should matter to the law---if a school does not admit African-Americans, it should not be excused just because it does not admit musicians either.) O 'Connor gets her cite wrong-- it is page 11 of the brief. But she also gets her facts wrong. Over a 5-year period, 6 African-Americans with LSATs above 158 and GPA's above 2.99 were rejected, while 85 Caucasians and Asian-Americans with those scores or lower were admitted.

We would need to know more about those 6 (about 1 per year)-- did they have criminal records or cheated in college?

The fact is peripheral anyway, because all but 22 African- American applicants were in worse boxes. Here is a fairer comparison: 6 African-Americans with LSAT of 156 and GPA of 3.0 or better were rejected in 1995. Only 9 Caucasians/Asians with GPA below 3.0 (but with LSAT above 156; 7 of them above 169) were admitted. 0 Caucasians/Asians with LSAT below 156 were admitted (even if their GPA was high).

23 African-Americans with GPA less than 3.0 (3 with LSAT above 169) were admitted. 30 African-Americans with LSAT lower than 156 were admitted. 6 African-Americans with LSAT lower than 156 and GPA below 3.0 were admitted.]

Thus, not a single one of the 325 Caucasian/Asians with LSATs below 156 were admitted, but 30 of the 290 African-Americans were.

Bottom line: No other criterion--not even high GPA-- could make up for a low LSAT like being black did. Claims that admissions was about diversity rather than race are a sham.

For more, including the Michigan data, go to my affirmative action page. [ http://php.indiana.edu/~erasmuse/w/03.06.24a.htm ]

To return to Eric Rasmusen's weblog, click http://php.indiana.edu/~erasmuse/w/0.rasmusen.htm.