The Wall Street Journal has a piece about the inane "war" over "tougher" bar passage "standards" for law schools that will inevitably jeopardize the existence of certain minority-heavy schools which like to provide opportunity to minorities who score in the 140s of the LSAT and are only projected to pass the bar every now and then.
First of all, there has never been a better time to be an African-American carrying a 155 LSAT. Never. For all the criticisms law schools get, a black man with a 155 LSAT is a diamond compared to the ejaculate-encrusted quartz of a 155 LSAT white male. Is that not racial progress? Do we not deserve a trophy and a letter from Jesse Jackson?
Second, and more importantly, the entire civil rights era was about opportunity and equality. For the state apparatus to come in and arbitrarily set a "standard" for bar passage that just happens to be above a level that makes exploiting a new lode of African-American applicants practicable, the state apparatus is denying those individuals the same opportunity and equality afforded to white students who score marginally better on the LSAT.
Of course, it's really the law schools that would be prejudicial in this scenario, basically concluding ex ante that a black student with a 145 LSAT would not pass the bar in three years' time based on prior data that evaluates students along racial lines. So, uh, WOW, LOOK AT THAT BUTTERFLY OVER THERE!
As should be obvious by now, setting a bar passage standard at any level is inherently racist. You could set it at 170 and it would be racist. You could set it at 120 and it would be racist. You could require applicants to successfully color a turtle cartoon and it would be racist. Why? Because no matter where you set the applicant entry level, law schools have a social prerogative to subtract ten, grab as many minorities as possible, and claim they're doing society a great favor by making academically marginal candidates (in the relative sense) take on $150-200k in debt so they can get their trophies and letters from Jesse Jackson.
And why? Because it's all about opportunity and equality, you see. If white folk are allowed to in-debt themselves so hard they need a proctologist to extract the master promissory note, then black people should be free to do so in equal or greater numbers.
So what if the whole ordeal resembles shackling minorities with the manacles of unpayable debts and intangibly indentured servitude? That just sounds to me like a poetic coming-full-circle, does it not?
Bottom line here is that if you are in favor of establishing bar passage minimums (or LSAT minimums, the de facto result), you are a racist and you are opposed to a fantasy of low-scoring minority prospects proving themselves and diversifying the lily-white profession.
Go burn a cross or something. I'll scam on, and collect my trophy and letter from Jesse Jackson.