Affirmative action: is it democratic?

The Christian Century | January 24, 1996| | Copyright

IN 1971 Marco DeFunis was denied admission to the University of Washington Law School, even though his grades and aptitude test scores were superior to those of "virtually all the black students who were accepted." He sued. The Washington State Supreme Court upheld the university's action, and the U.S. Supreme Court agreed to hear DeFunis's appeal. Since the other eight justices were equally divided William O. Douglas held the swing vote. Douglas's recently opened papers reveal uncharacteristic indecision. "He seemed genuinely torn," notes Nicholas Lemann in a perceptive essay ...

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