Thursday, November 20, 2014

Diversity Thursday

This is progress.
Today, the Project on Fair Representation announces the filing of two lawsuits challenging the racial preference admissions policies of Harvard and the University of North Carolina-Chapel Hill.

The complaints can be found at

The plaintiff in both lawsuits—Students for Fair Admissions (SFFA)— is a newly-formed, nonprofit, membership organization whose members include highly qualified students recently denied admission to both schools, highly qualified students who plan to apply to both schools, and their parents.

The Harvard lawsuit alleges the university is engaging in a campaign of invidious discrimination by strictly limiting the number of Asian Americans it will admit each year and by engaging in racial balancing year after year. These discriminatory policies in college admissions are expressly forbidden by the Fourteenth Amendment and federal civil rights laws.

Students for Fair Admission's complaint highlights data and analysis that strongly suggests that white, African-American, and Hispanic applicants are given racial preferences over better qualified Asian-Americans applying for admission to Harvard.

Additionally, the complaint demonstrates that Harvard is not in compliance with the new "strict scrutiny" standards articulated in 2013 by the U.S. Supreme Court in Fisher v. University of Texas at Austin. The Fisher opinion unambiguously requires schools to implement race-neutral means to achieve student body diversity before turning to racial classifications and preferences.

The UNC-Chapel Hill lawsuit alleges that, like Harvard, the University is not in compliance with the new Fisher strict scrutiny requirements. Students for Fair Admissions explains in its complaint that UNC has admitted in an amicus brief it submitted to the Supreme Court in the Fisher case that the school can maintain, and actually increase, racial diversity through race-neutral means if it ends its race-based affirmative action policies. Students for Fair Admissions argues that this compels the university to end its racial classifications and preferences and adopt some combination of race-neutral policies instead.

The discrimination against Asian-Americans at Harvard and both schools' blatant failure to comply with recent Supreme Court directives with regard to race preferences are emblematic of the behavior of the vast majority of competitive colleges throughout the country. Because of this, Students for Fair Admissions asserts in its complaints that racial classifications and preferences in college admissions are inadministratable; a violation of the Fourteenth Amendment and federal civil rights laws; and must be ended as a matter of policy and law.
This is how you fight it. Drag it out in to the light where it cannot survive.

Sad thing is - the military used to be at the cutting edge of race relations - now we are seem to be stuck in the Nixon Administration. It should simply be, "Shall not discriminate on the base of race, creed, color or national origin." Should be, but isn't.


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