Does affirmative action hurt minorities?

This article, which appeared in the L.A. Times, poses that question. Clearly the question has no simple answer, but this is a discussion that we as African-Americans should not shy away from considering. Nor should we be reluctant to engage in the research that is necessary to gain clearer understanding of the effects of affirmative action or to allow others to do that research.

My own experience is that affirmative action in some cases can hurt the very people it is meant to help. Perhaps the most startling statement in the Times article is

"Only one in three black students who start law school graduate and pass the bar on their first attempt; most never become lawyers. How much of this might be attributable to the mismatch effect of affirmative action is still a matter of debate, but the problem cries out for attention. "

I've seen that happen first hand. For example, with the best of intentions, Law School A may be willing to admit a student, notwithstanding that all indications are that this student is non-competitive at that particular institution. That's not to say this student is not capable, but rather a realistic recognition that, as is the case with sports, a player may notbe ale to run with the big dogs of the NBA, but in another league, he can shine. In other words, that prospective student might in fact be competitive at School B, although School B may not be as highly regarded as School A. The prestige of going to the better school, perhaps enhanced by a grant of a scholarship, however motivates the student to go to School A.

If this student graduates and passes the bar, affirmative action has worked just as it was meant to. We have added one more minority attorney to the bar. If, however, the student drops out, either voluntarily upon learning that he is at a competitive disadvantage, or involuntary, because of a breach of academic probation, that student will likely never obtain a law degree and will never becocme a licensed attorney. Keep in mind that many law schools have a mandatory gradidng curve, which pits students directly against each other--the weaker students will bear the full brunt of the merciless grading curve. If School A won't give this student a second chance, it is unlikely that any other school will now admit him. That includes School B.

On the other hand, had the student attended School B from the outset, he would have had a greater chance of success. Competing against other students who share credentials similar to his own would have given that student a chance to excell at School B or at least to complete the program. If School B is accredited, upon his graduation, this student would have been eligible to take the bar exam in any state of his choosing, and would be well on his way to becoming a licensed attorney.

Obviously, this is a gross oversimplification. Nonetheless it makes the point: affirmative action is not necessarily a benefit if indeed there is a mismatch.

We cannot be afraid to confront difficult facts. Nor can we afford to take our eyes off the prize. We need more African-American attorneys. If what we're doing is not working--and there are indications that it is not--then we must rethink what is the best way to achieve our goal.

I have other thoughts on what we ought to consider in terms of increasing the number of minorities, which I will touch on as time goes on.