“To suggest that she needed some special advantage to be hired here or anywhere is just silly,” said Jay Westbrook, chairman of business law at the University of Texas.But you see, in faculty hiring, the question isn't whether this particular candidate is good enough. The question is why does this person with excellent credentials get selected from the pool of applicants who all have excellent credentials? Why did Warren move up the ranks of the law schools the way she did?
Her identification as a member of a minority group in the Association of American Law Schools directory would help. Why are the schools reticent about saying that they consider minority status a plus factor in hiring? Why aren't they out-and-proud about diversity? Law schools have fought for the proposition that diversity is a compelling state interest, justifying racial discrimination.
For Professor Westbrook to scoff that it's "just silly" to "suggest that [Warren] needed some special advantage" is to clumsily insult all the people who have gotten hired (or admitted as students) because of the diversity efforts of law schools. Those other people needed some special advantage, but oh, no, not her.
Is this reticence about the decency of affirmative action happening here because they want to help Warren in her Senate race? Is it because if she didn't really have that factor going for her but the schools used it, then... well... who, really, is hurt? Who was the next person in that pool of applicants? No one knows. Look away.
Hey, but who else might be cheating, claiming minority status that's not really true? Now, now, you're not supposed to think about that. It's quite unseemly, isn't it? Impolite.