Six Ways Higher Ed Will Attempt To Evade The Supreme Court’s Affirmative Action Ruling

[PeteS in CA]

Six Ways Higher Ed Will Attempt To Evade The Supreme Court’s Affirmative Action Ruling

https://legalinsurrection.com/2023/07/six-ways-higher-ed-will-attempt-to-evade-the-supreme-courts-affirmative-action-ruling/

I have an op-ed in at Fox News Digital, co-authored with Kemberlee Kaye, focusing on how the ground was prepared long ago to evade an anticipated Supreme Court ruling against affirmative action, Supreme Court struck down affirmative action, but that won’t stop Harvard.
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The op-ed then goes on to talk about some of the work we have done at the Equal Protection Project fighting these trends, and lists six evasive moves that either already are underway or are anticipated:

1. “[A]lready schools like Harvard are suggesting they will skirt the ruling by considering applicants’ experience with race as opposed to the applicants’ race itself. These games are not surprising and have been in the works for months.”

2. “[T]he evidence of discrimination, not the discrimination itself, will be eliminated. Already, there is a trend to dispense with the standardized testing that proved the discrimination against students of Asian descent. Many universities have eliminated mandatory SAT testing, and professional schools are now toying with eliminating the LSATs and the MCATs. Without standardized testing to keep the process honest, discrimination will increasingly take place behind closed doors in higher education ... .
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4. “Another tactic is to disperse DEI programming in response to budget cuts or department elimination. At the University of Arkansas at Fayetteville, there is an effort to transfer DEI personnel and programs to other areas of the university. ...

5. “Word games are another ploy, with “first generation,” “historically underrepresented group” or “marginalized populations” serving as crude proxies for race and skin color.”

[DefiantMassRINO]