https://www.frontpagemag.com/education-for-freedom-not-dei/
Two Supreme Court decisions in 2023 struck down the use of race-based admission to colleges and universities, and proscribed various proxies for race like admission essays. But just a year out, the Wall Street Journal reports, “The group Students for Fair Admissions (SFFA),” who represented the Asian-American applicants before the court, “suspects this [violation of the rules] about Yale, Princeton and Duke universities, and on Tuesday it asked the schools for information on how they chose the current freshmen who will graduate in the class of 2028.”
Having spent more than 50 years of my life in universities, I’ve had a front-row seat for observing how universities over the years have juked their admission criteria to make sure they admitted enough “protected classes,” which means anybody except white males. In my university, for example, even after California in 1996 passed Proposition 209, which forbade the explicit use of race, the admissions and hiring process still comprised numerous opportunities for evaluators to discern the applicant’s race.
The former “Affirmative Action Officer,” for example, required the hiring committee to document each member’s sex and race, as well as the applicants’. After Prop 209, the university didn’t observe the law, but merely changed the title to the “EEOC Officer,” who still gathered the same data that were inappropriate if the process was truly merit-based, while reminding everybody that the federal agency Big Brother was watching.
So those experiences made me skeptical when “Chief Justice John Roberts wrote for the 6-3 majority that students must be admitted ‘based on his or her experiences as an individual—not on the basis of race’ and that ‘what cannot be done directly cannot be done indirectly.’”
But the really damaging idea connected to affirmative action came from an earlier Supreme Court decision and still remains today. Despite the blatant violation of the Constitution’s 14th Amendment and the Civil Rights Act, these race-based policies were given the Supreme Court’s imprimatur in its 1978 Bakke decision. The court didn’t, as it should have, proscribe preferences based on race, but just numerical quotas, which were easily circumvented to reach the same end––choosing by race rather than merit.