Obviously, this Harvard Case has been deliberately and maliciously set up in order to bring Affirmative Action to the US Supreme Court where the Plaintiffs expect the Five Federalist Society Horsemen of the Apocalypse to strike down affirmative action: Harvard Law & Harvard College Roberts, Harvard Law Gorsuch, Alito, Thomas and Kavanaugh. Feddie Harvard Law & College Roberts will probably administer the coup de gras to affirmative action in the Harvard Case—that’s gratitude for you!. If so, this shall prove to be one of the greatest tragic ironies in the history of American Jurisprudence, Constitutional Law, and International Human Rights Law. Affirmative Action was the Brainchild of my Teacher, Mentor and Friend, the late, great Clyde Ferguson, who was the first tenured African American Full Professor of Law at Harvard Law School, later the Henry L. Stimson Professor of Law at HLS. Clyde was an HLS Grad and Teaching Fellow who taught Derek Bok, later HLS Dean and President of Harvard. I took Clyde’s very first course on International Human Rights Law at HLS. I still have the Notes from Clyde’s class sitting here in front of me on a shelf in my office in memory of Clyde. So I studied Affirmative Action with its very Progenitor, Clyde.
Prior to joining the HLS Faculty, Clyde had negotiated the International Convention on the Elimination of All Forms of Racial Discrimination on behalf of the United States government. Clyde included Affirmative Action right there in article 1(4) of the Convention. The US government is a contracting party to this Convention. So no matter what the Supremes Feddie Five Horsemen of the Apocalypse including HLS & Harvard College Roberts and HLS Gorsuch do to affirmative action, it shall remain a binding international law obligation of the United States Government. Likewise then, Clyde’s Brainchild of Affirmative Action was picked up and incorporated into the International Convention on the Elimination of All Forms of Discrimination against Women in article 4 thereof. The United States is not a party to the CEDAW precisely because we Americans want to remain free to discriminate against our Women and Girls as we see fit. In any event, the last time I looked the Racism Convention has 180 States Parties out of about 194 States in the world. And the last time I looked, there are 189 States Parties to the CEDAW Convention out of about 194 States. So by means of either one or both of these two treaties, almost every State in the world has subscribed to Clyde’s Affirmative Action as a binding international law treaty obligation. Affirmative Action shall stand as Clyde’s Great Gift to All Humanity no matter what the Supremes Feddie Five Horsemen of the Apocalypse including HLS & Harvard College Roberts and HLS Gorsuch do to it in the Harvard Case.
RIP: Clyde Ferguson.
Francis A. Boyle
Professor of Law
Harvard: JDmcl, AM, PHD, CFIA,Teaching Fellow
