Morrissey is so reasonable that it is clear he’d never make a good lawyer and an even worse judge.

Aren’t you glad you never went to law school, now?

Seriously, Ed raises some good points - and one that I would disagree with. I would not say that the last 40 years of race based legal decisions have been a total loss. Structural or institutional racism is very hard to eliminate or even identify at times but SCOTUS has made an effort at rooting the beast out - as Ed points out, with rather mixed results.

And there are some cases in employment law that cry out for federal intervention by the courts. So I’m not sure that a total “market based solution” would be wise - even for schools.

Ultimately, what we need is common sense when tackling racial issues. There has been a dearth of that and instead, what we’ve gotten is more and more social engineering by liberal judges as they strive to achieve some nebulous kind of “diversity” - at the expense of both common sense and the law.

I tried my hand at the common sense angle this morning: The Law and Common Sense.