Matt Welch (L.A. Times) Roundup on Chemerinsky News and Commentary

here.

Don't be confused, though, by this excerpt from a rather puzzling Harper's blog post:

But the academics who express surprise here really are displaying their ignorance of the career trajectory of Michael Drake. He came to prominence and climbed the ladder of the University of California system by being politically controversial. It's the nature of the political controversy that tells the difference. Drake loudly touted views that were pleasing to the California G.O.P. Indeed, if Drake is known for one thing it is his staunch opposition to California's Proposition 209. Approved by California voters in 1996, Proposition 209 prohibited discrimination based on race, ethnicity or sex—it was a vehicle for a new, soft affirmative action which focused on improving the educational standards of inner-city and minority neighborhood schools. Since its passage and implementation, graduation rates for African-Americans in the University of California system have soared, and studies suggest a direct and causal link. (As point conceded even by the beyond conservative anti-affirmative action polemicist Rich Lowry in National Review). Drake, being an African-American, was viewed as the perfect poster boy for an anti-affirmative action campaign.

I am not questioning the sincerity of Drake's Clarence Thomas-like anti-affirmative action views. I am merely pointing out that they were politically controversial, they reflected what turned out to be a minority view in California, and time has proven that his opposition was seriously misplaced. Drake suffered no adverse consequences for this in his political career; indeed, he clearly benefited. There's nothing wrong with that. What's wrong is penalizing a person for political views, particularly based on a perception that he is somehow out of step with the mainstream. Time has a habit of changing these perceptions. Drake should have kept that in mind. Indeed, Drake should have kept in mind that one hundred years ago he could not have aspired to be a professor in the University of California system, much less a chancellor -- and that demonstrates the tyrannical and unhealthy effect of blind adherence to the politically conventional.

The Harper's post no longer includes this mystifying passage, which has since been silently replaced by this much more internally consistent item: "If Drake is known for one thing it is his staunch opposition to California's Proposition 209. Approved by California voters in 1996, Proposition 209 prohibited discrimination based on race, ethnicity or sex—it was pushed to impede traditional affirmative action programs. Drake's views were politically controversial. Drake suffered no adverse consequences for this in his political career; indeed, he clearly benefited. There's nothing wrong with that. What's wrong is penalizing a person for political views, particularly based on a perception that he is somehow out of step with the mainstream."