Biden administration pushes for college diversity despite Supreme Court ruling: ‘Urgent need’
The Biden Administration Calls for Rethinking Legacy Admissions to Promote Diversity
The Biden administration has released new guidelines urging colleges and universities to reconsider the practice of legacy admissions in order to achieve diversity and comply with the Supreme Court’s ruling against affirmative action. These guidelines, jointly created by the Department of Justice and the Department of Education, serve as valuable resources for institutions seeking to understand the court’s decisions in two significant cases: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina. In both cases, the court ruled that considering race in admissions violated the Civil Rights Act of 1964.
A Moment of Urgency in Higher Education
“This is a moment of great urgency in higher education,” emphasized Secretary of Education Miguel Cardona during a call with reporters. He highlighted the impact of the Supreme Court’s decision, stating that it has eliminated a tool that colleges have long relied on to foster diverse campus communities and provide equitable opportunities for students from all backgrounds. Secretary Cardona expressed concern about potential setbacks on a national scale, citing past instances where banning affirmative action led to fewer applications and admissions for students of color. He emphasized the need to prevent such regression in a nation that is more diverse than ever.
New Guidelines and Recommendations
The new guidelines, presented in a Q&A format, are accompanied by a “Dear Colleague” letter signed by Assistant Secretary of Education for Civil Rights Catherine Lhamon and Kristen Clarke, the assistant U.S. attorney general for the DOJ’s Civil Rights Division. These officials urge colleges and universities to review their policies and identify and reward attributes such as hard work, achievement, intellectual curiosity, potential, and determination. They emphasize that there are various ways to achieve a racially diverse student body, including a reevaluation of legacy admissions.
Legacy admissions, which consider an applicant’s family history with the institution, have faced increased scrutiny following the Supreme Court’s decision. The Biden administration suggests that eliminating this practice could help ensure racial diversity by avoiding preferential treatment for “privileged” applicants who might otherwise take the place of a minority candidate.
“Colleges and universities can examine admission preferences, such as those based on legacy status or donor affiliation, that are unrelated to a prospective applicant’s individual merit or potential, that further benefit privileged students, and that reduce opportunities for others who have been foreclosed from such advantages,” state the officials in their letter.
Responses and Ongoing Investigations
Several schools, including Virginia Tech, have already announced the discontinuation of legacy admissions as a means of providing an advantage in admissions. However, the University of Virginia has stated its intention to continue the practice.
In response to complaints from advocacy groups regarding Harvard’s legacy admissions, the Department of Education has launched a civil rights investigation into the matter. These groups argue that the practice negatively impacts the prospects of minority applicants.
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