Is this just a gratifying dream or a frightful, dangerous fancy: to have a government agency that cracks down on the sources of intellectual and spiritual pollution the way the Environmental Protection Agency treats manufacturers that produce toxic pollutants?
The dream is reality, at least in part, as evidenced by the recent intervention and inquiry of the Department of Justice in lawsuits against Harvard and other elite colleges and universities. The real monster here is not expanded powers of government that might endanger free minds in higher education but rather the administrative state itself that, of course, gets its brains from these institutions.
The administrative state, which the Trump Administration intends to “deconstruct,” is a hulking monstrosity of bold bureaucracy and supine elected officials that has replaced constitutional government in the United States.
Harvard and other elite colleges have recently attracted the attention of the Trump Department of Justice. The issues include long-suspected discrimination against Asian-Americans in admissions at Harvard and collusion (that is, a conspiracy!) on early decisions in admissions. To prove this in court, the accusers would need access to admissions committees’ data and decision-making. The universities plead privacy and protection of trade secrets about their admissions decisions and financial-aid calculations.
Might colleges violate “antitrust laws by exchanging information about prospective students who make early decision commitments”?
Early decision (narrower than early application) requires students who are accepted to commit to that institution—and no other. This practice requires an applicant to take an offer without being able to compare financial aid packages. “Early decision programs have afforded some colleges nearly half of their freshman classes”—Duke University, for example. One education consultant observed, “only about 200 schools of the more than 4,000 in the country use early decision. ‘Given that this doesn’t affect many schools, or many students, it’s the ultimate first-world problem.’”