For Discrimination: Race, Affirmative Action, and the Law

As the titles of this and his previous books (among them, The Persistence of the Color Line: Racial Politics and the Obama Presidency) suggest, Harvard law professor Kennedy knows where the nerve endings are in discussing the complexities of race in America. While clearly convinced that “the net benefits generated by affirmative action justify its continued existence,” his probe of those ganglia is dexterous. “The stark patterns of racial disparity... attend every index of well-being and development in American society,” Kennedy writes, “including educational attainment” (his focus in this book is on higher education). After reviewing the history of affirmative action, concluding that “ambivalence triumphant” best describes its current status, Kennedy assesses the arguments, pro (reparations, integration) and con (the associated stigma). Following a consideration of the “apparent attractions of color blindness” and its weaknesses, Kennedy turns to the Supreme Court’s record—one he finds “marked by ambivalence, confusion, evasiveness, obfuscation, and inconsistency” in cases involving the state universities of California, Michigan, and Texas. Kennedy’s admirably balanced argument in favor of affirmative action (though the author has some reservations) is provocative and his style is accessible. When the Supreme Court decision on Fisher v. University of Texas is handed down, Kennedy’s latest will be required reading. Agent: Andrew Wylie, Wylie Agency. (Sept.)