In her essay "The Sad Irony of Affirmative Action," Gail Heriot, professor of law at the University of San Diego and a member of the U.S. Commission on Civil Rights, highlights the "mismatch" of race-preferential admissions policies. Basing her information on the book entitled Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It, Heriot asserts that it is "incumbent upon the Supreme Court to return to the principle that race discrimination should not be tolerated." Notwithstanding evidence showing that racial preferences in college admissions actually harm the intended beneficiaries, race-based policies have spilled over into every aspect of American life. Enter the ongoing battle of Judge Nicholas Garaufis, who ruled "in 2009 that New York City discriminated on written tests [for firefighters] by requiring that Candidates know how to read." Since 2007, Judge Garaufis has "presided over a lawsuit brought by the U.S. Department of Justice and the Vulcan Society, a fraternal organization of black firefighters. The suit charged the FDNY with discrimination....
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