An Open Letter to an Anti-Affirmative Action Scholar - Higher Education: In 2004, you set off a firestorm, UCLA law professor Richard Sander. In the Stanford Law Review, you presented your “mismatch theory,” stating Black students are actually harmed by affirmative action admissions policies.
“Most black law applicants end up at schools where they will struggle academically and fail at higher rates than they would in the absence of preferences,” you wrote. “The net trade-off of higher prestige but weaker academic performance substantially harms black performance on bar exams and harms most new black lawyers on the job market.”
You did not stop there. You claimed a “race-blind system” would actually produce more Black lawyers each year. I have yet to see proof there is a “race-blind system,” as I said before. But I am not writing you about that. I am writing you about the recent court case you won.
Critics of your mismatch theory have claimed, among other things, that you based your conclusions on inadequate statistics. In reaction, in the intervening years, you have waged a legal fight to access data from the California bar association. The association has prohibited you from accessing bar exam pass rates.