by Ray Hayes
“Because diversity has been made to carry this heavy burden, the Supreme Court has engineered things in such a way that advocates are having to work overtime to come up with justifications that in some instances they cannot bear.” These are the words of Harvard law professor Randall Kennedy who believes that the conversation about diversity has overlooked the original goal of affirmative action. In the beginning, affirmative action was created to help traditionally oppressed and marginalized people attend college. Today, advocates try to make up reasons as to why diversity is beneficial but fail to realize that most arguments aren’t that good. According to Kennedy, diversity has a heavy weight on its shoulders.
After reading Kennedy’s quotes from the Business Insider, I asked this question, “Is diversity or rather the concept of diversity in particular in the affirmative action cases carrying too much weight?” The word is always thrown around when we talk about affirmative action but to Kennedy’s credit it doesn’t add up or make sense at times. And with the upcoming battles on affirmative action with the Department of Justice we will be hearing the word diversity a lot.
This coming Monday, August 7th, Jaymie and I will be visiting this topic, the DOJ investigation, and whether Asians are the new focus of affirmative action. So please tune in for our upcoming podcast to hear more.