STEVE CHAPMAN has a column about the Michigan Law School diversity case. Here’s an interesting passage:

If you take a look at the University of Michigan’s Web site, you can find all sorts of information, including some that would come as news to its administrators. A “Nondiscrimination Policy Notice” says the university “is committed to a policy of nondiscrimination and equal opportunity for all persons regardless of race.” But the school has been fighting a court battle for years for one simple reason: It discriminates on the basis of race and wants to keep doing so.

I wonder why people who give schools and other organizations money in reliance on these policies (the Association of American Law Schools tells applicants for law-teaching jobs who use its process the same thing, and then sets up the process to facilitate such discrimination, which it encourages, among its member schools) don’t just sue for fraud. No fancy-pants constitutional claims just: you took my money under false pretenses, and I was harmed thereby. It certainly looks to be as strong a case as a lot of class actions that get filed.