https://www.americanthinker.com/blog/2022/10/a_few_ideas_for_ending_racial_discrimination_in_higher_ed.html
The currently constituted Supreme Court has enough of a conservative majority that it does seem to be returning to an original list standard of review—that is, the justices are respecting what those who wrote the Constitution, and those who passed the amendments, meant when they acted. Justice Ketanji Brown Jackson,* for all her chatter, cannot change this. For this reason, it looks as if the court may finally hold that affirmative action in higher education is unconstitutional. However, because we know that ruling will not stop institutions from engaging in affirmative action, one legal thinker has come up with innovative ideas to put the brakes on discrimination in higher education.
At Minding The Campus, Louis K. Bonham, an intellectual property litigator, is optimistic that a return to originalism at the Court will reverse past decisions that paved the way for anti-White and anti-Asian discrimination at America’s colleges and universities, all in the name of “remediating” racism in America. However, he argues (correctly, I believe), that Supreme Court rulings will not stop the academics, who view affirmative action as a religion.
Moreover, suing the institutions won’t help because damages never fall on the people who have made the bad decisions. Bonham, therefore, suggests that, if the Court does end the racist abomination of affirmative action, red states should enact laws very explicitly attacking not just the institutions but also the institutional actors.
The starting point would be laws explicitly making any preferences in academics (both paying jobs and student admissions), whether based on race or victimhood, illegal. Second, Bonham suggests an automatic and severe economic penalty for an institution found to have violated the state law: Students would be entitled to recover 50% of tuition and fees during the period in which the institution was violating the law.