Leiter On The Legal Problems With "Diversity" Statements
It's clear that this all got started with the damnable Powell arguments in Bakke. (Though I'm fairly inclined to agree that the government has a compelling interest in fostering integration and mitigating segregative sorting. I'm less sure about the remedial goal.)
Universities should be loath to employ any criteria for hiring faculty that aren't intellectual/scholarly or pedagogical.
Worse, of course, is taking yet another step down the road of destroying universities qua universities by subordinating their scholarly and pedagogical ends to political ones. More and more they're becoming institutions for advancing the "social justice" ends of the progressive left. These loyalty oaths are another--and a major--step in the Orwellian left's long march through the institutions. The fact that any academicians would tolerate this is clear evidence of the dire straights in which we find ourselves.
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