Hans von Spakovsky is the manager of the Election Law Reform Initiative and a senior legal fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
GianCarlo Canaparo is a legal fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
When the U.S. Supreme Court issued its monumental decision in 2023 telling colleges and universities that “yes,” they did have to comply with the equal protection clause of the 14th Amendment in their admissions policies, the question immediately arose of whether they would comply or cheat.
With the latest admission numbers from schools such as Duke, Princeton, and Yale, however, we still don’t know the answer.
In June of 2023, in Students for Fair Admissions v. Harvard and the University of North Carolina, the Supreme Court held that the academy had to end its pernicious policy of discriminating on the basis of race in deciding whether to admit students. The colleges argued they need to discriminate to achieve “diversity,” a practice based, as Chief Justice John Roberts said, on the “offensive and demeaning assumption that [students] of a particular race, because of their race, think alike.”
“Universities,” the court held, “have for too long” not treated students as individuals, but have “concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned, but the color of their skin. Our constitutional history does not tolerate that choice.” […]
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