Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It
"This book probably will make constitutional history." - George Will

Richard Sander and Stuart Taylor present compelling evidence of the failure of our current affirmative action policies through stunning, previously unpublicized admissions and academic performance data from colleges and universities around the country and interviews with black and Hispanic administrators and former students.

At the heart of Sander and Taylor’s book is the theory of “mismatch.” They argue that the use of racial preferences in higher education puts students in academic situations where the odds are stacked against them from the beginning.

Learn More

Sample Articles - Recent and Past

Affirmative Action: Why the Court Wants to Try Again
October 1, 2012
The Supreme Court is scheduled to hear oral argument next week in Fisher v. University of Texas, the high court’s first case on the use of race in higher education admissions since its 2003 decisions in Gratz v. Bollinger and Grutter v. Bollinger. Why did the court decide to revisit this issue after less than a decade?
Read More
'Most Amazing Supreme Court Theater I've Ever Seen'
June 28, 2012
Talking with KHN's Jackie Judd about the source of constitutional authority that the Supreme Court found to uphold the law -- and the new options states will have for the Medicaid program.
Watch it at Kaiser Health News
The Health Law And The Supreme Court: A Primer For The Upcoming Oral Arguments
March 15, 2012
Later this month, the high court will consider the fate of the health law. Here are key points to keep in mind while watching the action.
Read The Article
Analysis: Keys To The Supreme Court's Health Law Review
November 14, 2011

By agreeing today to hear challenges to President Obama's 2010 health care law, the Supreme Court set the stage for a decision -- probably in late June and in the midst of the presidential campaign -- that could be among its most important in decades.

Read the Article

Analysis: Handicapping Health Care Lawsuits, And The Truth-In-Labeling Factor
September 14, 2011

Beneath the thousands of pages of legal arguments in the health care lawsuits to be decided sooner-or-later by the Supreme Court lies an easier-to-grasp, if largely unarticulated, background question.

Can Congress and the president use an unprecedented and potentially limitless expansion of the power to regulate interstate commerce to avoid the political hazards of calling a tax a tax? Or might some justices effectively impose a constitutional truth-in-labeling requirement.

Read The Article

See All Featured Articles