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Thursday, January 27, 2022

Justices must end anti-Asian discrimination by colleges - Washington Examiner

Last year, there was an unfortunate outbreak of anti-Asian hate crimes. During that period, Democrats paid plenty of lip service to how awful it was. They did this with maximum cynicism only because they believed they could use the events to bolster a narrative about white supremacy and structural racism — never mind that it was very difficult to find even one of these high-profile attacks committed by a white person.

Of course, the Democrats never cared about the Asians being attacked, and they still don't. They continue to demonstrate this with their insouciant treatment of Asian American college applicants, against whom they are perfectly happy to discriminate.


Many schools, including Harvard, Yale, and the University of North Carolina, systematically discriminate against Asians in the name of diversity and "equity." Their admissions statistics demonstrate that Asian students with top grades and test scores are at a severe disadvantage compared to others with similar academic achievements.

One of President Joe Biden's first acts in office was to drop a federal case that had been brought against Yale by the Trump administration for discrimination against Asians. When Asian students sued Harvard, the Biden administration also rushed to the courts to take the university's side against those students.

So where the Trump administration attempted to make the schools treat them fairly, Biden is defending a racist policy by which these schools deliberately lowball the personality scores of Asian applicants so that they are rejected despite having higher test scores and grades than students who are accepted. A similar odious, racist system was used for decades to exclude Jewish students from the Ivies on the grounds that too many of them were being admitted based on merit.

The Supreme Court, including Justice Stephen Breyer's replacement, will have a chance this fall to right this wrong in the case Students for Fair Admissions v. Harvard.

In the 2003 case Grutter v. Bollinger, the Supreme Court ruled that the University of Michigan Law School could claim a legitimate interest in having a racially diverse student body for the sake of students' broader experience. However, Justice Sandra Day O'Connor noted in her majority ruling that "race-conscious admissions policies must be limited in time" and that "25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today." After all, racial differences are not all-important — they should really take a back seat to a diversity of economic backgrounds or viewpoints.

By the time this case is decided, it will have been 20 years, not 25, since O'Connor said that. But the need to eliminate racial preferences has never been greater.

The rise of critical race theory, colleges' discrimination against Asians, and the violent riots of summer 2020 are just ugly symptoms of a much deeper malady in American life today. The Left is striving to generate racial hatred and resentment and turn them into a justification for curtailing constitutional rights and elevating group responsibility above individual responsibility for one's actions.

The Left's postmodern catechism disregards personal responsibility in favor of collective punishment for entire supposedly "privileged" classes of people, often whites but increasingly Asians and soon enough Hispanics as well, for historical sins committed by people they never knew in times they never experienced.

The Supreme Court would do the nation a favor by ruling against Harvard in this case simply because, if any hope of civic harmony is to be preserved, this entire way of thinking needs to be repudiated as forcefully as possible.

But that's not why the justices should do it. They should do it because racial discrimination violates the Constitution and the law. No school may lawfully single out specific groups for a separate but equal admissions process.

And just because the Left has a history of threatening the court and its justices, it is worth mentioning that such a decision would also be popular. Voters in the bluest of blue states have shown that they loathe race preferences. Just over a year ago, 57% of California voters opted to keep in place their state's 1996 ban on government racial discrimination. In doing so, they went against the advice of dozens of prominent Democratic officeholders, even the ones they elected and reelected the same day.

If a race-neutral policy is good enough for Californians, it is good enough for anyone.

As Chief Justice John Roberts has previously written, "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race." People need to hear this now — to be told that they are not the crazy ones for rejecting the Left's delusion that one can discriminate one's way to a fairer society.

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January 27, 2022 at 12:01PM
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Justices must end anti-Asian discrimination by colleges - Washington Examiner
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