2017 and 2019 about African Americans and race
In an August 2017 piece in The Philadelphia Inquirer titled "Paying the price for breakdown of the country's bourgeois culture", she wrote with San Diego law professor Larry Alexander that since the 1950s, the decline of "bourgeois values" (such as hard work, self-discipline, marriage, and respect for authority) had contributed to social ills such as male labor force participation rates down to Great Depression-era levels, endemic opioid abuse, half of all children being born to single mothers, and many college students lacking basic skills. The authors asserted that "all cultures are not equal. Or at least they are not equal in preparing people to be productive in an advanced economy." She told The Daily Pennsylvanian that "everyone wants to go to countries ruled by white Europeans" because of their "superior" mores.
In the same interview, Wax stated that she did not believe in the superiority of one race over another, but was describing the situation in various countries and cultures.
In a September 2017 podcast interview with Professor Glenn Loury, Wax said: "Take Penn Law School, or some top 10 law school... Here's a very inconvenient fact... I don't think I've ever seen a black student graduate in the top quarter of the class, and rarely, rarely in the top half ... I can think of one or two students who scored in the top half in my required first-year course," and said that Penn Law has a racial diversity mandate for its law review. University of Pennsylvania Law School Dean Theodore Ruger responded, "Black students have graduated in the top of the class at Penn Law, and the Law Review does not have a diversity mandate. Rather, its editors are selected based on a competitive process."
In July 2019, at the Edmund Burke Foundation's inaugural National Conservatism Conference, Wax said, "Embracing... cultural distance nationalism, means in effect taking the position that our country will be better off with more whites and fewer non-whites."
An August 2017 petition seeking to fire Wax gathered about 4,000 signatures. That same month, 33 of her fellow Penn Law faculty members signed an open letter condemning statements Wax made in her Philadelphia Inquirer piece and Daily Pennsylvanian interview. The Penn Law chapter of the National Lawyers Guild condemned her comments. Asa Khalif, a leader of Black Lives Matter Pennsylvania, demanded that Wax be fired. Khalif said that he had notified the university that, if Wax were not fired within a week, he would begin disrupting university classes and other activities with a series of protests.
As a result of these controversies, in March 2018, Dean Ruger stripped Wax of her duties teaching curriculum courses to first-year students. He condemned her comments as "repugnant," and, at a student town hall meeting, he said that "her presence here ... makes me angry" but that "the only way to get rid of a tenured professor is this process... that's gonna take months."
Commentator Mona Charen said that the op-ed on bourgeois values "contained not a particle of racism" and that "if the Left cannot distinguish reasoned academic arguments from vile racist insinuations, it will strengthen the very extremists it fears." In a Wall Street Journal op-ed, political commentator Heather Mac Donald criticized the "hysterical response" to Wax's piece. The New Criterion wrote: "Dean Ruger may wish to consult a study published in the Stanford Law Review in 2004 which showed that in the most elite law schools ... only 8 percent of first-year black students were in the top half of their class." Robert VerBruggen, deputy managing editor of the National Review, cited papers he said supported Wax's claims and wrote, "If Penn Law is different, or if things have changed in recent years, let's see some numbers."
University of Pennsylvania Law School Overseer Paul Levy resigned to protest what he termed Wax's "shameful treatment". Levy wrote in his letter of resignation: "Preventing Wax from teaching first-year students doesn't right academic or social wrongs. Rather, you are suppressing what is crucial to the liberal educational project: open, robust and critical debate over differing views of important social issues." Jonathan Zimmerman, who teaches education and history at Penn, wrote: "I think a lot of what Amy Wax says is wrong. But ... I also think it's my duty to defend her right to say it, and to plead for a more honest and fair debate about it... we should want everyone to hear what she says, so that they can come to their own educated conclusions."