Opinion by Ruth Marcus: Are federal judges violating the Constitution when they hire their clerks?
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Another judge, nominated by a Republican president, said that once an applicant had the “objective factors” — top 5 to 10 percent of the class at a top-ranked law school, “then diversity is a plus.” Said another judge, a Democratic appointee, “I do, to some extent, take race into account. I have a lot of South Asian and Asian applicants. But I actively look for Hispanic and African American candidates.
Kagan pressed on: “The question is, when race-neutral means can’t get you there, don’t get you there, when you’ve tried and tried and they still won’t get you there, can you go race-conscious?”And this is highly likely to be where the Supreme Court comes out. In previous rulings, the court has said that admissions officers can consider race as a “plus factor” in assembling a diverse student body.
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