Supreme Court Justice Sonia Sotomayor has called herself "the perfect affirmative action baby." She says she would not have been admitted to either Princeton or Yale if not for affirmative action. "My test scores were not comparable to that of my colleagues at Princeton or Yale," she has said.
Sotomayor's views on affirmative action stand in stark contrast to those of Justice Clarence Thomas. In his 2007 autobiography, My Grandfather's Son, Thomas says affirmative action did more to hinder rather than help his career. Referring to his Yale law degree as almost worthless, Thomas says his admission to Yale under affirmative action watered down his degree's value. But as more states, Nebraska being the latest, begin navigating the anti-affirmative action waters charted by California's Proposition 209, questions linger about what such a world would be like.
Most higher education institutions are aware of U.S. Census Bureau data predicting massive increases in the nation's minority population, especially in California, Texas, Michigan and Florida. A growing number of them are prevented by ballot initiatives (e.g., California's Proposition 209 and Michigan's Proposal 2) from using race-based policies to grow their minority enrollment. The educational outlook for the considerable minority population is troubling, particularly for those seeking graduate level programs.
Law schools have been among the most difficult to diversify. The American Bar Association (ABA) has acknowledged that the percentage of minorities enrolled in law schools dropped by about 20 percent in the middle of this decade. The "Miles to Go" study, conducted by the ABA's Commission on Racial and Ethnic Diversity, found that African-Americans are proportionately less represented in the legal profession than in any other leading occupation. Blacks make up 3.9 percent while Latinos make up just 3.3 percent. And it appears the profession is not able to turn to the traditional source of law schools to rectify the problem.
Thomas may have preferred to have attended Yale Law School without the benefit of affirmative action but it is not clear that he would have been admitted in the absence of such a policy. There are conflicting studies suggesting what might happen if colleges and universities abandoned affirmative action; some predict minority enrollment will drop, while others anticipate enrollment increases of more and better qualified minorities. We recently completed a study that examined the aftermath of changing college and university admissions in one state to shed light on the impact of using race-neutral criteria.
In 1999, Florida Gov. Jeb Bush implemented the One Florida Initiative (OFI), outlawing the use of race-based admission policies in all public universities. …