Wednesday, August 1, 2018
On July 3, the Trump administration rescinded the Obama approach to race-based college admissions. This returns the U.S. to the philosophy of George W. Bush’s White House, which argued that race should not be a significant factor. The Trump initiative may have no immediate impact since the Supreme Court upheld race-based admissions policies in Fisher v. University of Texas at Austin in 2016. But an impact is surely coming. Consider that Justice Scalia died before he could vote against affirmative action in the Fisher case. Now Justice Kennedy is retiring and Trump’s Supreme Court will certainly tilt against the policy with dissenters like Justices Roberts, Thomas, and Alito. Previously, Justice Thomas asserted that, “a State’s use of race in higher education admissions decisions is categorically prohibited by the Equal Protection Clause.” And Justice Roberts is on record as saying that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
If the Supreme Court really does outlaw affirmative action, and that's a big if, it will be a revolution in American education. But it will take many more lawsuits to enforce this new law. It will make getting rid of Jim Crow look easy.