SCOTUS' Affirmative Action Decision Shines Light on Hypocrisy of Berkeley Law School Dean

AP Photo/Jeff Chiu

As one might expect, liberals have had to keep their smelling salts close by during this week’s handing down of Supreme Court rulings. And the one that has clearly given them the worst case of the vapors is the Supreme Court’s striking down of the use of affirmative action for college admissions. Declaring that all Americans should be given an equal chance to be admitted to the nation’s colleges and universities based on their achievements and not the color of their skin has been a big blow to the left’s own special brand of racism. But of course, in light of the decision, many of that ilk have vowed some sort of “resistance.” Even President Joe Biden, in his remarks following the decision on Thursday, said, “Today, I’m directing the Department of Education to analyze what practices help build a more inclusive and diverse student bodies and what practices hold that back, practices like legacy admissions and other systems that expand privilege instead of opportunity.” Translation: figure out a way to get around the decision and the law.

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Well, at least one of America’s institutions of higher learning may be doing just that. In the spirit of Bill Clinton’s “don’t ask don’t tell” policy regarding gays in the military, the Dean of the University of California-Berkeley Law School, Erwin Chemerinsky, has been caught on video admitting that in the case of faculty hiring, affirmative action is alive and well—just don’t tell anyone. In the Twitter video, Chemerinsky appears to be in a lecture hall, although it is unclear whether he’s speaking to students. He begins to explain “unstated affirmative action” by asking, “I mean, what if the college or university doesn’t tell anybody, doesn’t make any public statements?” He then offers up an example from his own law school, but that isn’t even the best part. In a time when from the moment you walk out of your house, you should assume you are being recorded in some manner, Chemerinsky tees up this gem, “If I’m ever deposed, I’m going to deny I said this to you.” He continues by describing what happens at Faculty Appointments Committee meetings. If someone suggests hiring one person over another, citing how that potential hire would bring diversity to the faculty, Chemerinsky immediately stops them and says, “Don’t say that! You can think it, you can vote it, but our discussions are not privileged, so don’t ever articulate that that’s what you are doing.” He also acknowledges that this deception is easier when it comes to hiring faculty than admission of students because of statistical data.

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So it appears on the video that Chemerinsky is perfectly ok with hiring faculty members based on race. But in the long tradition of liberal double standards, Chemerinsky was not ok with another type of discrimination, that of Jewish students and supporters of Israel on Berkeley’s campus. In August of 2022, a group of Berkeley Law students calling themselves “Berkeley Law Students for Justice in Palestine” wrote a bylaw for the upcoming school year that stated, “[The organizations] will not invite speakers that have expressed interest and continue to hold views, host, sponsor or promote events in support of Zionism, the apartheid state of Israel and the occupation of Palestine.” The group said its goal was to stop the spread of “Zionist beliefs.” The group also created what it called “Jewish-free zones” on campus.

Just one problem—Erwin Chemerinsky is Jewish. His response to this bylaw: “It is troubling to broadly exclude a particular viewpoint from being expressed. Taken literally, this would mean that I could not be invited to speak because I support the existence of Israel, though I condemn many of its policies.” So, just to review, Dean Chemerinsky is fine with hiring people because of their skin color, because…diversity! But a group of seemingly anti-Jewish anti-Israel students is “troubling.” Chemerinsky has a history of twisting himself into left-wing pretzels. In an April 2022 Op-Ed for the Sacramento Bee, Chemerinsky, while attempting to chastise both the left and the right for trampling each other’s free speech rights, said this: “Regardless of our politics, we must reaffirm that schools are places where all ideas should be able to be expressed and debated.” Really? Does that include the idea that everyone, regardless of skin color, should have an equal shot at a college education?

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Erwin Chemerinsky is one employee at one university in America. How many more are there out there like him? Given the state of higher education in America, probably a whole lot.

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