It was the last Monday in June, and the Supreme Court had just issued its latest decision on affirmative action. The debate was starting about how much the court had restricted the use of race in college admissions.
But Edward Blum, the legal entrepreneur who had orchestrated the case, wasted no time. He made a prediction that sounded a little like a threat.
“Those universities that continue using race-based affirmative action,” he said, “will likely find themselves embroiled in costly and polarizing litigation.”
It is now almost a year later. Admissions letters have just gone out, and there is no particular reason to think the court’s decision in Fisher v. University of Texas affected how students were selected. And the lawsuits Mr. Blum predicted have not materialized.
Abigail Fisher, who was denied admission to the University of Texas at Austin, said her race was held against her.Justices Step Up Scrutiny of Race in College EntryJUNE 24, 2013
There are reasons for that, Mr. Blum told me last week. One is that it is hard to find plaintiffs willing to call attention to having been rejected by a prestigious institution, to blame that rejection on race discrimination and to persevere through years of litigation.