Now, I assume that Professor Warren supports affirmative action within the law schools where she has worked. Ask her about it! Does she vote in favor of admissions policies that count race as a plus factor? Has she supported faculty appointments, choosing one person over another, with race as a factor? I'd be extremely surprised if she hasn't. Assuming she has, why is she acting outraged that anyone would say that it seems that it benefited her and that she sought that benefit?Don't you support affirmative action in hiring (as well as in law school admissions)?
Follow up questions: Do you think it is acceptable and even good to offer a job to a less-well-qualified applicant if that person is a member of a traditionally discriminated-against minority group? On what basis is it acceptable to make race a "plus factor" in hiring decisions? If it is "diversity," what exactly is this diversity that justifies affirmative action? Is it what the Supreme Court said in Grutter, or is it something else? Is it about a quantum of genetic inheritance or does it have something to do with whether the candidate has faced some form of disadvantage in life because of racial discrimination? Would your support for affirmative action extend to cases where the job candidate has at most one Native American great-great-great-grandparent? Explain.
(Ironically, what I really need to do right now is write a Constitutional Law exam, which this post is beginning to sound like.)
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