Is Honesty the Best (Judicial) Policy in Affirmative Action Cases? Fisher v. University of Texas Gives the Court (Yet) Another Chance to Say Yes

Abstract:     
This essay explores the likely options the Supreme Court has before it in the pending Fisher v. University of Texas affirmative action case, and locates the case in a larger framework that is rife with doctrinal and historical inconsistency, both as to substance and procedure, and that as a result opens the Court to the charge of intellectual dishonesty (or at least under-explanation).

Number of Pages in PDF File: 19

Accepted Paper Series