Higher Education Will Still Racially Discriminate — But It’ll Be More Creative

Jia Wu joins protestors during a press conference held by Harvard attorneys following closing arguments in the Harvard admissions trial at the the John Joseph Moakley United States Courthouse in Boston on Nov. 2, 2018. Harvard University quietly changed significant portions of its training manual for admissions officers this year, addressing some of the key issues at the heart of an ongoing federal trial over whether the school discriminates against Asian-American applicants.
(Photo by Craig F. Walker/The Boston Globe via Getty Images)

In the immediate aftermath of the U.S. Supreme Court ending affirmative action in higher education on Thursday, colleges across the country rushed to explain how they will “comply” with the law while still ensuring that future accepted classes have the preferred racial makeup.

In short, colleges are going to get a lot more creative in the way that they racially discriminate against whites and Asians.

For example, the University of North Carolina Chancellor Kevin Guskiewicz explained, “Carolina remains firmly committed to bringing together talented students with different perspectives and life experiences and continues to make an affordable, high-quality education accessible to the people of North Carolina and beyond.”

“While not the outcome we hoped for, we will carefully review the Supreme Court’s decision and take any steps necessary to comply with the law,” Guskiewicz added, echoing many other schools across the country.

But for conservatives hoping that means that the Tar Heels and other institutes of learning are going to adopt color-blind policies and accept based on merit and character — then you haven’t been paying attention to how the Left operates.

As explained by The Federalist founder Sean Davis, “Bolshevik madrassas masquerading as universities will eliminate admissions criteria that highlight differences in intelligence and ability — GPA, test scores, and academic achievements will no longer be evaluated.”

Indeed, many under-grad and post-grad schools have begun eliminating standardized testing, as one example.


“Universities will claim a new, holistic approach to applicant evaluation so they can discriminate based on identity, but without obvious academic comparisons that make it easy to prove they’re discriminating against qualified candidates because of their race,” he explained.

In fact, though, universities already are pretty creative at racial discrimination.

On Thursday, activist Chris Rufo tweeted, “Berkeley Law School dean Erwin Chemerinsky explains how he has secretly enacted a policy of racial discrimination in faculty hiring—which is illegal in California.”

“If I’m ever deposed, I’m going to deny I said this to you,” Chemerinsky said while explaining the unspoken agreement amongst his colleagues to enact “unstated affirmative action.”

“What if the college or university doesn’t tell anybody that, doesn’t make any public statements … about how it uses race in admissions?” he posited to a group.

His ultimate lesson was that if you’re choosing a candidate for a job or a spot in an incoming class because they will add “diversity,” don’t ever actually say that motive out loud.

“You can think it, you can vote it,” he said, but saying it out loud could open the university up to legal issues.

So, colleges in the years to come will follow a similar route. And, as pointed out by The Blaze’s Auron MacIntyre, must be met with legal action from conservatives.

“This ruling means nothing if conservatives aren’t suing these institutions into oblivion, if Republican DOJs and AGs aren’t hitting them relentlessly,” he tweeted. “If conservatives just point and sputter as universities circumvent the ruling it will be entirely empty.”

MacIntyre also correctly noted that it’s unlikely that the GOP will be up to that task. (Party leaders will probably send some strongly worded letters though…So we got that going for us, which is nice.)

That means that this form of racism will continue. It won’t be called affirmative action though.

The views expressed in this piece are the author’s own and do not necessarily represent those of The Daily Wire.

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