It’s long past time to end affirmative action — the practice of using race as a factor for making school admissions decisions.
It has no basis in merit, it’s demeaning to minority students admitted under this policy, it’s a poor predictor of a student’s success in a given program, and it’s just plain un-American.
Nonetheless, President Biden opted not to continue a lawsuit against Yale University’s use of race in its admissions practices, according to the Associated Press.
"The Justice Department has dropped a lawsuit against Yale University that alleged discrimination against white and Asian students in admissions, the AP reported.
"The suit was filed in October under the Trump administration."
However, the U.S. Supreme Court has the opportunity to end affirmative action in its current 2022-23 term in a pair of cases in which the court already heard oral arguments: Students for Fair Admission v. Harvard University and Students for Fair Admission v. University of North Carolina.
And people on the left are getting worried that the high court will put an end to the practice. Jean Guerrero argued in a Los Angeles Times column that the pending cases aren’t so much about ending discrimination as they are about promoting white supremacy.
Of course. That has to be it.
She tweeted Monday that "The architects of the war on affirmative action, poised to succeed in the Supreme Court, have close ties to leading white nationalists."
Guerrero expanded on that theme in her column.
"Those same activists who’ve stoked the flames of antagonism toward affirmative action have close ties to the architects of this country’s metastasizing white nationalist movement" she wrote. "These links reveal the activists’ ultimate agenda, which has nothing to do with ending racism.”
But what about the Rev. Dr. Martin Luther King, Jr.'s vision of a colorblind society?
The 1960’s civil rights icon announced he was committed to "a society where people would be judged on the content of their character, not the color of their skin."
On its face, affirmative action violates that principle. Guerrero has an answer for that.
"The Republican activists leading a decades-long assault on affirmative action, which is poised to succeed in the Supreme Court, claim they want to eliminate racism and create a colorblind society," she wrote.
"Their propaganda is so persuasive that 73% of Americans, including most people of color, believe race or ethnicity should not be a factor in college admissions."
The Daily Caller editor-in-chief Geoffrey Ingersoll described just how far shew took it.
"Oh boy," he tweeted, "she then goes on to characterize a jewish guy and two black dudes as white nationalist-adjacent."
Law Professor David Bernstein, who wrote "Classified: The Untold Story of Racial Classification in America" is what may be the definitive book on affirmative action, told Newsmax that "There are three perspectives on" affirmative action.
"One is reflected by Chief Justice John Roberts’ statement a few years back that the way to stop racial discrimination is to stop discriminating based on race," he said.
The chief justice wrote this in his Parents Involved In Community Schools v. Seattle School District No. 1 plurality opinion.
Bernstein, who is a professor at George Mason University’s Antonin Scalia Law School, continued, "There’s a second position that to some extent we have to take into account race until we are far enough along that we all feel we don’t need to."
And then finally, "The third position is that . . . racism is so endemic and intrinsic to American society that we’ll never get rid of it, and therefore, the only solution is to divide America into racial classifications."
Guerrero is clearly a proponent of the last school of thought. Former Justice Sandra Day O’Conner was not merely in the second group, she suggested a timetable.
In Grutter v. Bollinger, a 2003 case, O’Conner wrote that "race-conscious admissions policies must be limited in time," adding that the "Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today."
In addition, John Malcolm, vice president of the Institute for Constitutional Government at the Heritage Foundation, observed during a recent roundtable discussion that affirmative action has produced some rather lopsided results.
Assuming all other criteria are equal, the chances of admission at Harvard are:
- Asians: 25%
- Whites: 35%
- Hispanics: 75%
- Blacks: 95%
Title VI of the 1964 Civil Rights Act prohibits discrimination based on race, color, or national origin in any program or activity that receives federal funds or other federal financial assistance.
That provision best defines who we are as a nation where everyone is created equal.
It’s time to once again even the playing field, live up to our Founding principles and end affirmative action.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to Newsmax. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter. Read Michael Dorstewitz's Reports — More Here.
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