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Judge Ho Boycotts Yale. Yale Boycotts U.S. News Rankings.

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Yale Law School is withdrawing from the rankings compiled by the U.S. News World Report. The rationale? The rankings are biased against the progressive institution!

I would add one other possible rationale. This decision was made in the shadow of Students for Fair Admission v. Harvard. The Supreme Court will very soon make it difficult for elite private universities to use racial preferences for admission. Post-SFFA, the law school could no longer justify wide gaps between admission rates for applicants of different races. They can no longer rely on “personal” scores and other subterfuges. As a result, if Yale wants to keep its racial diversity numbers high, the overall LSAT and GPA scores would have to drop. And that decrease would affect the law school’s rankings.

Justice Thomas aptly described the dilemma facing Yale in Grutter.

Yale can can maintain its racial diversity by sacrificing its elite status. But these elite universities do not want to sacrifice their elite status. Cam Norris made this point during arguments in SFFA:

Harvard could become Dartmouth. Yale could become Virginia. And so on. Or Yale can remain Yale, in a bubble. Withdrawing from the U.S. News program now gets ahead of those shifts.

Let me add a point in closing. Yale is boycotting U.S. News because it is biased against progressive institutions. I would be remiss if I did not draw an analogy to Judge Ho. He is boycotting Yale because it is biased against conservative institutions. Boycotts work to change behavior!

Update: Harvard Law School is also boycotting the rankings. Stanford and the other Ivies will probably follow. U.S. News may soon implode like FTX.

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