Re: Comment on Affirmative Action debate
Diversity being an interest is an added benefit of affirmative action, but certainly isn't what determines when it is to be used. Therefore, while the NBA/NFL/anyone is benefitted from being diverse, it is not required.
The NBA and NFL do not have racial barriers to entry. Likewise, there are no instances of discrimination against underrepresented groups (at least that I'm aware of).
Diversity being a legitimate interest stems from the Bakke case (or at least I'm pretty sure it does) that justified affirmative action programs, but at the same time, did not force affirmative action on anyone. That's the same way that I'm using the diversity ideal in my case, which overall is a pretty small part.
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