Stanley Fish, dean of the College of Arts and Sciences at the University of Illinois at Chicago, has written a beautiful two page defense of Clarence Thomas’s decision in the affirmative action case last week:
Justice Thomas is not the only one in search of timeless tools to deal with the untidiness of the situations time throws up. It is the law’s claim precisely to base itself in such tools. But I believe this search has failed, and therefore we will always be engaging in the ad hoc, pragmatic reasoning of which Justice Thomas accuses the majority.
Accordingly, I find the nice political dance performed by Justice O’Connor
