LINK Biden Administration’s Push To Preserve Racial Diversity in College Admissions Could Invite Legal Trouble
With the approach of the first college admissions cycle since the Supreme Court banned affirmative action, the White House, which made no secret of its displeasure with the ruling, is pressuring colleges and universities to find ways in spite of the high court to maintain racial diversity. Yet analysts say that higher education officials seeking to continue admissions-as-usual risk infringing upon the law.
In its effort to legally circumvent the court ruling, the justice and education departments recently called on schools to ask student applicants to include certain admissions essays and letters of recommendation that would enable administrators to consider race in the context of applicants’ individual lives.
“It is not as important what questions get asked on the essay or how the universities gather information on the applicants,” a professor of law at the University of California at Berkeley, John Yoo, said. “What’s important is: How do the schools use that information?”
If schools invite applicants to discuss their race and maintain the same racial proportions in the student body as before the high court ruling, they will likely invite legal probing, Mr. Yoo speculates.
“The courts are going to scrutinize that closely to see if there’s still ongoing racial discrimination,” he said. “I don’t think the courts are going to be deceived by some essay questions.”
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