Clegg and Cherminsky debate the Supreme Court Case Fisher v. University Texas. 

It is simply untenable for the government to classify and sort people on the basis of skin color and national origin, and to treat its citizens differently — some better, some worse — depending on which silly little box is checked.

Here’s the basic question in Fisher: Just what is it that we expect African-American and Latino students to say to white and Asian-American students that will provide the latter with such compelling "educational benefits" that racial discrimination by the government is justified to make it more likely that these conversations take place?

How the Supreme Court should apply “strict scrutiny” to the use of racial and ethnic preferences in university admissions.

Selective colleges and universities turn away highly qualified Asian students so they can have more “diversity.”

Unfortunately, numerous federal and state government programs as well as colleges and universities continue to award grants and contracts, make hiring decisions for public employment, and grant school admissions on a discriminatory basis, favoring certain races and genders and disfavoring others.

Racial and ethnic admission preferences will probably have to be pried from the cold, dead fingers of university officials, but the pressure to end this affirmative discrimination continues.

In this amicus brief, written for Fisher v. University Texas Taylor and Sander outline moral and legal arguments against racial preference in university admissions.

Taylor and Sander, authors of Mismatch: How Affirmative Action Hurts Students It’s Intended to Help, and Why Universities Won’t Admit It, answer questions about their book and the legality of affirmative action. 

Taylor discusses Fisher v. University of Texas and his book, "Mismatch" with ACLU staff attorney Courtney Bowie.