Lino Graglia
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Lino Anthony Graglia (January 22, 1930January 30, 2022) was the A. W. Walker Centennial Chair in Law at the
University of Texas The University of Texas at Austin (UT Austin, UT, or Texas) is a public research university in Austin, Texas. It was founded in 1883 and is the oldest institution in the University of Texas System. With 40,916 undergraduate students, 11,075 ...
specializing in
antitrust Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
litigation. He earned a BA from the
City College of New York The City College of the City University of New York (also known as the City College of New York, or simply City College or CCNY) is a public university within the City University of New York (CUNY) system in New York City. Founded in 1847, Cit ...
in 1952, and an
LLB Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
from
Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
in 1954, before working in the
Eisenhower administration Dwight D. Eisenhower's tenure as the 34th president of the United States began with his first inauguration on January 20, 1953, and ended on January 20, 1961. Eisenhower, a Republican from Kansas, took office following a landslide victory ov ...
's
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
. He thereafter practiced law in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, and
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
before joining the University of Texas' law school in 1966. Graglia was "one of the most conservative legal academics in the United States." He was a well known critic of affirmative action and
racial quotas Racial quotas in employment and education are numerical requirements for hiring, promoting, admitting and/or graduating members of a particular racial group. Racial quotas are often established as means of diminishing racial discrimination, addr ...
, and a critic of some aspects of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
, believing that the courts are an illegitimate avenue for securing social change. He accused modern liberals of making an end-run around democracy by seeking political victories in front of judges instead of at the ballot box. His wife, F. Carolyn Graglia, is an author who has written a book critical of feminism entitled ''Domestic Tranquility: A Brief Against Feminism''. Graglia died on January 30, 2022, in Austin, Texas.


Failed nomination to the Fifth Circuit

In the mid-1980s, Graglia was considered by President
Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
for a newly created federal judgeship on the
United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...
, but he eventually was withdrawn in late spring 1986 due to controversy over articles Graglia had written about
desegregation busing Race-integration busing in the United States (also known simply as busing, Integrated busing or by its critics as forced busing) was the practice of assigning and student transport, transporting students to schools within or outside their local s ...
as well as remarks Graglia made which were alleged to be racially insensitive. The following year, Reagan nominated
Jerry Edwin Smith Jerry Edwin Smith (born November 7, 1946) is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Early life and education Born on November 7, 1946, in Del Rio, ...
to the seat to which Graglia had been nominated, and Smith was confirmed easily.


Controversial remarks

Graglia became controversial when he made a speech on UT campus in 1997 in which he noted that "blacks and Mexican-Americans can't compete academically with whites." The speech was at a meeting of the Students for Equal Opportunity on the topic of the ''
Hopwood v. Texas ''Hopwood v. Texas'', 78 F.3d 932 (United States Court of Appeals for the Fifth Circuit, 5th Cir. 1996), was the first successful legal challenge to a university's affirmative action policy in student admissions since ''Regents of the University of ...
'' case, which ended discrimination against UT Law applicants who were not members of a designated "minority" group. The comment was widely reported and generated discussions across the country. In an article titled ''The Affirmative Action Fraud'', published in 1999 in the ''Journal of Urban and Contemporary Law'', Graglia cited ''
The Bell Curve ''The Bell Curve: Intelligence and Class Structure in American Life'' is a 1994 book by psychologist Richard J. Herrnstein and political scientist Charles Murray, in which the authors argue that human intelligence is substantially influenced by b ...
'', a book by professor
Richard J. Herrnstein Richard Julius Herrnstein (May 20, 1930 – September 13, 1994) was an American psychologist at Harvard University. He was an active researcher in animal learning in the B. F. Skinner, Skinnerian tradition. Herrnstein was the Edgar Pierce Profess ...
and
American Enterprise Institute The American Enterprise Institute for Public Policy Research, known simply as the American Enterprise Institute (AEI), is a center-right Washington, D.C.–based think tank that researches government, politics, economics, and social welfare. ...
political scientist
Charles Murray Charles Murray may refer to: Politicians *Charles Murray, 1st Earl of Dunmore (1661–1710), British peer *Charles Murray (author and diplomat) (1806–1895), British author and diplomat *Charles Murray, 7th Earl of Dunmore (1841–1907), Scotti ...
, to assert the following: :Blacks are not in fact 'underrepresented,' but rather 'overrepresented'—that is, their numbers are disproportionately high—in institutions of higher education once IQ scores are taken into account. In 2012, he suggested that blacks and Hispanics are falling behind in education because they are increasingly raised in single-parent families.


Writings

*''Disaster by Decree: The Supreme Court's Decision on Race and the Schools'', 1976, *''The Supreme Court's Busing Decisions: A Study in Government by the Judiciary'' *''Courting Disaster: The Supreme Court and the Demise of Popular Government''


Notes


External links


Web page at UT
{{DEFAULTSORT:Graglia, Lino 1930 births 2022 deaths American legal scholars American people of Italian descent City College of New York alumni Columbia Law School alumni University of Texas faculty People associated with Covington & Burling