Paul M. Simply Did Not Understand (Or Follow) The Supremes’ Progeny After Bakke Was Decided…

It is sort of silly, that these students were convinced to spend six years, on and off… chasing a dead letter.

Harvard was always going to be allowed to select students on multiple dimensions beyond just raw GPA, and SAT or ACT scores.

To argue otherwise, was to be stuck in a time warp where no cases were decided after Bakke, in the late 1970s. But that, in a nutshell, sums up the stunted development, in the law more generally, of Paul M., and John Hinderaker, as well.

Yes, the make-up of the court has been shoved rightward, by the three Trump appointments. But depending on how Georgia’s Senate runoff races end, it may well be that… 13 Justices will decide the case, should the students be granted cert.

I suspect there are a plurality of at least five opinions (even among the existing nine) to say that private schools, like Harvard, have the right to use multi-faceted , and differentially-weighted admission factors (under Grutter v. Bollinger, decided almost 17 years ago now), to achieve a student body that reflects the increasingly diverse experiences of more and more Americans.

Until it reaches the Supremes, though — if it ever does — this First Circuit opinion will remain good law, as Bollinger is controlling Supreme Court law, here. Wake up, Paul. Smell the coffee — it is strong, and… it is increasingly… black.

Namaste….