What Do You Have to Lose?:  The Coming Assault on Race-Conscious Admissions Programs

What do you have to lose?

That was the question Donald Trump posed to Black voters on the campaign trail. Well, the answer is clear: educational opportunity. Reports have circulated that the Civil Rights Division of the United States Department of Justice is preparing to investigate and file suit against colleges and universities that use race-conscious admissions programs, on the theory that affirmative action discriminates against White applicants. Such a move would certainly be an effective dog whistle to rally Trump supporters, but it would be a disaster as public policy. The Administration’s threat of protracted litigation will likely intimidate many colleges and universities into abandoning their race-conscious admissions programs. This would be a loss for all Americans.

The United States Supreme Court has repeatedly held that race-conscious admissions programs in public colleges and universities are constitutional, and that they provide substantial benefits to the educational institutions, their students, and the larger society. In 2016, the United States Supreme Court upheld the flexible race-conscious admissions program at the University of Texas at Austin in Fisher v. University of Texas at Austin. The Supreme Court’s opinion makes clear that the Constitution allows colleges and universities to consider race and ethnicity when choosing among a group of qualified students. Not all with identical qualifications, but all qualified. As admissions officials seek to admit a class of broadly diverse students, numbers are not the only criteria that matter, and a higher test score does not necessarily mean that a student is more deserving of admission. The Constitution promises the equal protection of the law to people of all races. Today, race matters. Not because it should, but because it does. There is nothing in the Constitution that compels us to ignore that reality.

I am not arguing that race is a qualification for admission. But race is a part of who we are. The Constitution permits colleges and universities to consider many dimensions of diversity including veteran status, gender, one’s home state, legacy status, socio-economic status, political perspective, sexual orientation, or work experience. Prospective students whose parents make large donations often get a leg up. We cannot exclude race, and only race, from that list. We cannot offer each student an individualized, holistic assessment without giving some consideration to race, especially when an applicant sees race as a critical component of who he or she is. For that student, race is critical to understanding his perspective, experiences, and accomplishments.

Far from discriminating against White students, creating diverse and inclusive educational environments benefits all students and the country as a whole. The Supreme Court has repeatedly recognized the paramount educational benefits that flow from a diverse classroom. In discussing the importance of broad-ranging diversity, former Justice O’Connor stressed the importance of “cross-racial understanding” and classroom discussions that are “livelier, more spirited, and simply more enlightening and interesting” because of the existence of diversity in and outside of the classroom. Diversity begets a richer learning environment, where each student’s varied experiences result in a robust exchange of ideas. Moreover, diversity in our institutions of higher education is critical to developing a workforce that is prepared to compete in the global economy, where the ability to engage with people from diverse backgrounds is critical.

Race-conscious admissions programs have offered a critical pathway to opportunity for generations of students of color. And in doing so, it has helped to create more inclusive campuses and a more just America. Despite all of our progress, there remains a systemic racial hierarchy that produces and perpetuates racial disparities in educational opportunities and outcomes. Race-conscious admissions programs are designed to overcome some of this systemic discrimination and serve as a vital pipeline to educational and professional opportunities for minority students.

Our country faces many pressing challenges in protecting civil rights in education: sexual assault and discrimination on campus, alarming levels of racial segregation, and disrupting the school to prison pipeline, to name a few. There are many problems the Department of Justice should focus on. Reducing diversity and restricting opportunity in our colleges and universities is not one of them.

 

This essay originally appeared on the American Constitution Society blog and is published here with permission of the author.

© 2015 PHILIP GREENBERG  
917 8048385
pjgreen4@aol.com


NY Law School 
April 14 2015

Professor Deborah Archer 












 ©  2015 PHILIP GREENBERG  
917 8048385
pjgreen4@aol.com

Contributing Editor: Deborah N. Archer

Deborah N. Archer is a Professor Law and Director of the Racial Justice Project at New York Law School, and a nationally recognized expert in civil rights and racial justice. Professor Archer currently serves on the Board of Directors of the ACLU and the New York City Civilian Complaint Review Board, the Nation’s oldest and largest police oversight agency. Professor Archer is a frequent public speaker on civil rights, racial justice, and diversity; the author of several articles; and a contributor to the Huffington Post.

The White House

46 Comments

  • Pingback: Judi Bola Online Populer
  • Pingback: agen bola terpercaya
  • Pingback: mold removal
  • Pingback: Corporate Event Management Company in Hyderabad
  • Pingback: sscn.bkn.go.id
  • haliluya
    Posted November 24, 2017 4:25 pm 0Likes

    Thanks for your own hard work on this website. My niece take interest in carrying out research and it’s really easy to see why. Many of us know all regarding the dynamic ways you convey helpful tricks via this blog and even boost response from some others on this situation and my simple princess is always being taught so much. Have fun with the rest of the new year. You are always conducting a good job.

  • haliluya
    Posted November 25, 2017 4:06 am 0Likes

    I together with my friends have already been viewing the good items from the blog then at once developed a terrible feeling I never thanked the site owner for those secrets. My young boys came as a consequence thrilled to see them and have honestly been taking advantage of them. Thank you for actually being considerably helpful and also for deciding upon varieties of essential useful guides most people are really wanting to understand about. Our own sincere regret for not saying thanks to you sooner.

  • haliluya
    Posted November 25, 2017 4:22 pm 0Likes

    I would like to get across my gratitude for your generosity supporting those people who have the need for guidance on this situation. Your special commitment to getting the message all through has been quite productive and has usually helped men and women like me to attain their pursuits. Your warm and helpful help and advice means a lot a person like me and additionally to my peers. Many thanks; from each one of us.

  • haliluya
    Posted November 26, 2017 3:57 am 0Likes

    I not to mention my guys appeared to be examining the excellent points found on your web page then all of a sudden I got a horrible feeling I never thanked the site owner for those techniques. Those women are already as a consequence joyful to study them and have absolutely been loving these things. Thanks for being simply thoughtful and then for pick out this sort of good areas most people are really wanting to learn about. My very own honest regret for not expressing gratitude to sooner.

  • haliluya
    Posted November 27, 2017 3:36 am 0Likes

    Thank you a lot for providing individuals with such a brilliant possiblity to read articles and blog posts from here. It really is very fantastic and as well , stuffed with amusement for me and my office peers to search your blog not less than 3 times weekly to learn the newest issues you will have. And definitely, I’m usually motivated for the amazing hints served by you. Certain 1 points on this page are ultimately the most suitable we’ve ever had.

  • haliluya
    Posted November 27, 2017 3:48 pm 0Likes

    I enjoy you because of all your valuable effort on this website. My daughter really likes managing internet research and it is easy to understand why. My spouse and i learn all about the powerful way you produce great tips by means of your website and as well encourage participation from other ones on the idea so our own girl is undoubtedly discovering a whole lot. Enjoy the remaining portion of the year. You have been conducting a really good job.

  • haliluya
    Posted November 28, 2017 4:10 am 0Likes

    I happen to be commenting to let you be aware of of the exceptional encounter my friend’s child obtained reading your webblog. She came to find lots of issues, including what it is like to possess an awesome teaching spirit to make others easily fully understand chosen complicated topics. You really did more than our expected results. Many thanks for displaying those great, safe, revealing and also unique thoughts on your topic to Tanya.

  • haliluya
    Posted November 28, 2017 5:23 pm 0Likes

    Thanks for each of your efforts on this web site. Betty delights in setting aside time for investigation and it’s really obvious why. We know all concerning the compelling way you produce powerful steps via this blog and strongly encourage response from other ones on that point and our favorite simple princess has always been learning so much. Have fun with the rest of the year. You have been conducting a useful job.

  • Pingback: Best Wedding Planner Hyderabad
  • haliluya
    Posted November 29, 2017 6:45 am 0Likes

    I must express some thanks to this writer for rescuing me from this dilemma. Because of browsing through the online world and finding opinions which were not pleasant, I believed my life was over. Being alive without the strategies to the problems you’ve solved all through your entire guide is a serious case, and ones which could have badly affected my career if I hadn’t discovered your website. Your primary knowledge and kindness in taking care of the whole thing was useful. I am not sure what I would have done if I had not encountered such a thing like this. I am able to at this point look forward to my future. Thanks a lot so much for the specialized and effective guide. I won’t be reluctant to propose your blog to anybody who requires support on this subject.

  • haliluya
    Posted November 29, 2017 6:41 pm 0Likes

    I as well as my friends came going through the best guides found on your web page while all of the sudden came up with a horrible feeling I had not expressed respect to the site owner for them. The boys appeared to be for this reason joyful to read them and now have in reality been loving these things. Appreciation for actually being well helpful and for deciding upon variety of great resources millions of individuals are really eager to know about. Our own sincere apologies for not saying thanks to you earlier.

  • Pingback: Diyala coehuman iraq
  • Pingback: green kitchen walls with white cabinets
  • Pingback: DMPK
  • Pingback: Bdsm chat
  • Pingback: Ar Law
  • michael kors outlet
    Posted December 31, 2017 4:05 pm 0Likes

    Thank you a lot for providing individuals with an extraordinarily superb opportunity to read articles and blog posts from this site. It’s usually so beneficial and also full of fun for me personally and my office mates to visit your site more than three times every week to read through the fresh secrets you will have. And indeed, we are certainly happy with your sensational strategies you give. Selected 4 areas in this post are definitely the very best we have had.

  • adidas yeezy boost
    Posted December 31, 2017 7:08 pm 0Likes

    There may be noticeably a bundle to find out about this. I assume you made certain good factors in options also.

  • adidas nmd
    Posted January 1, 2018 12:17 am 0Likes

    I discovered your weblog website on google and examine a number of of your early posts. Proceed to keep up the superb operate. I simply further up your RSS feed to my MSN Information Reader. Seeking ahead to reading more from you later on!?

  • basketball shoes
    Posted January 1, 2018 8:36 pm 0Likes

    I want to express my thanks to the writer just for rescuing me from this particular matter. After exploring throughout the online world and obtaining ways that were not helpful, I figured my life was done. Existing without the presence of answers to the issues you’ve solved by way of your entire site is a serious case, and those which may have in a wrong way affected my entire career if I had not discovered your website. Your expertise and kindness in touching the whole thing was tremendous. I am not sure what I would have done if I had not discovered such a thing like this. It’s possible to now look ahead to my future. Thanks for your time very much for the high quality and effective guide. I will not hesitate to refer the sites to any person who would need assistance about this subject.

  • nike zoom
    Posted January 3, 2018 12:39 am 0Likes

    I wanted to develop a quick remark in order to say thanks to you for all of the nice advice you are sharing at this site. My particularly long internet investigation has at the end been honored with useful insight to talk about with my friends. I ‘d suppose that we site visitors actually are extremely endowed to be in a magnificent site with so many wonderful professionals with insightful advice. I feel quite lucky to have encountered your site and look forward to really more amazing times reading here. Thank you once more for a lot of things.

  • yeezy shoes
    Posted January 3, 2018 5:29 am 0Likes

    This actually answered my downside, thank you!

  • nike zoom
    Posted January 4, 2018 3:26 pm 0Likes

    I have to voice my appreciation for your generosity in support of individuals who should have help on this important topic. Your personal dedication to getting the solution all through has been especially insightful and have always helped others just like me to achieve their dreams. Your new warm and friendly instruction denotes a whole lot to me and additionally to my fellow workers. Thanks a ton; from everyone of us.

  • fitflops sale
    Posted January 5, 2018 11:05 pm 0Likes

    I have to show my thanks to the writer for bailing me out of such a challenge. Right after exploring through the the web and obtaining strategies which are not powerful, I was thinking my entire life was done. Existing without the presence of answers to the problems you have fixed by means of your post is a serious case, and the ones that could have badly affected my career if I hadn’t noticed your blog post. Your main expertise and kindness in controlling every aspect was very useful. I’m not sure what I would’ve done if I had not come upon such a point like this. I’m able to at this point look ahead to my future. Thanks a lot very much for the expert and amazing help. I will not be reluctant to endorse the blog to anybody who needs and wants assistance on this problem.

  • yeezy shoes
    Posted January 6, 2018 4:13 am 0Likes

    There are actually a lot of details like that to take into consideration. That is a great point to deliver up. I supply the thoughts above as general inspiration but clearly there are questions just like the one you carry up the place crucial thing shall be working in sincere good faith. I don?t know if best practices have emerged around things like that, but I am positive that your job is clearly identified as a fair game. Each boys and girls really feel the impression of only a moment抯 pleasure, for the remainder of their lives.

  • moncler jackets
    Posted January 7, 2018 6:20 pm 0Likes

    I’m writing to let you know of the incredible discovery my girl encountered visiting your site. She mastered a wide variety of things, which include what it’s like to have a marvelous giving mindset to let most people without problems grasp selected extremely tough subject areas. You undoubtedly exceeded our own expectations. I appreciate you for imparting such precious, dependable, edifying and as well as cool tips about this topic to Emily.

  • yeezy boost
    Posted January 7, 2018 8:51 pm 0Likes

    I wanted to write you a bit of remark to be able to say thanks yet again regarding the unique knowledge you’ve featured on this page. It was really remarkably open-handed with you to deliver openly just what a lot of folks could possibly have marketed for an ebook to help with making some cash on their own, precisely since you could have done it in case you wanted. The things likewise acted like a fantastic way to know that other people have the identical desire the same as my personal own to know a lot more on the subject of this condition. Certainly there are thousands of more fun periods up front for folks who see your blog.

  • Women Originals NMD Balck
    Posted January 8, 2018 5:23 am 0Likes

    I must express my thanks to the writer for bailing me out of this particular instance. As a result of surfing around throughout the world wide web and obtaining ideas which were not pleasant, I assumed my entire life was done. Existing minus the approaches to the issues you have sorted out through your post is a serious case, as well as ones which may have in a wrong way affected my entire career if I had not come across your blog. Your personal know-how and kindness in taking care of all the pieces was valuable. I don’t know what I would have done if I hadn’t come upon such a step like this. I can at this moment look forward to my future. Thanks very much for your impressive and sensible help. I won’t be reluctant to refer your web page to any individual who would need assistance on this topic.

  • curry 3
    Posted January 9, 2018 12:16 am 0Likes

    I simply had to appreciate you once again. I do not know the things that I might have used in the absence of the actual aspects documented by you about this field. It truly was a real depressing difficulty in my circumstances, but witnessing the very skilled tactic you dealt with it took me to cry over delight. I will be happy for your assistance as well as hope that you find out what an amazing job your are providing educating men and women through a site. Most likely you’ve never come across any of us.

  • longchamp handbags
    Posted January 10, 2018 2:33 pm 0Likes

    My wife and i have been now delighted Albert managed to complete his web research by way of the precious recommendations he gained while using the weblog. It is now and again perplexing just to choose to be handing out tips that some other people might have been selling. And we also take into account we’ve got the writer to be grateful to for that. The specific illustrations you have made, the easy website menu, the relationships you can give support to engender – it’s everything superb, and it is making our son and the family understand the matter is awesome, and that’s exceptionally pressing. Thank you for the whole thing!

  • adidas yeezy
    Posted January 10, 2018 6:12 pm 0Likes

    A lot of thanks for each of your work on this blog. Kim take interest in conducting internet research and it is simple to grasp why. A number of us learn all regarding the lively means you provide very important tactics through the blog and in addition cause participation from other individuals on the article and our favorite child has always been studying so much. Have fun with the rest of the new year. You are carrying out a fabulous job.

  • air jordan 11
    Posted January 11, 2018 9:42 pm 0Likes

    A lot of thanks for all your efforts on this site. My mother delights in carrying out investigations and it is easy to understand why. A number of us know all regarding the lively way you make functional tips and hints through your web blog and therefore improve participation from people on the issue plus our simple princess is undoubtedly becoming educated a great deal. Have fun with the remaining portion of the year. You’re carrying out a very good job.

  • adidas stan smith uk
    Posted January 13, 2018 6:58 am 0Likes

    My husband and i have been very thankful Peter managed to do his survey from your precious recommendations he acquired while using the blog. It’s not at all simplistic to just always be freely giving information that other folks may have been selling. Therefore we figure out we have the writer to thank for this. Most of the illustrations you have made, the easy web site navigation, the friendships you help instill – it is most extraordinary, and it is assisting our son in addition to us consider that this theme is brilliant, which is quite mandatory. Thanks for the whole thing!

  • yeezy boost 350 v2
    Posted January 13, 2018 2:29 pm 0Likes

    I must show my love for your kindness in support of persons who must have help with this one question. Your personal commitment to passing the solution around became surprisingly helpful and has consistently encouraged women just like me to get to their aims. Your new insightful suggestions implies a lot a person like me and especially to my mates. Best wishes; from each one of us.

  • bape clothing
    Posted January 14, 2018 5:49 pm 0Likes

    A lot of thanks for all your valuable efforts on this website. Kate really likes doing investigations and it is simple to grasp why. A lot of people know all relating to the lively way you deliver useful secrets via the blog and as well increase response from people on that concept so our favorite princess has always been starting to learn a lot. Take advantage of the remaining portion of the year. You are conducting a first class job.

  • dior glasses
    Posted January 16, 2018 4:30 am 0Likes

    I wish to show appreciation to the writer just for rescuing me from this particular scenario. As a result of exploring through the search engines and meeting methods which are not pleasant, I figured my life was gone. Living minus the approaches to the difficulties you’ve solved through your blog post is a serious case, and the ones which may have adversely damaged my entire career if I had not discovered the blog. The capability and kindness in controlling all the things was helpful. I am not sure what I would have done if I had not come across such a stuff like this. I’m able to at this point relish my future. Thanks for your time so much for your professional and effective help. I won’t be reluctant to refer your web blog to anyone who should get counselling about this situation.

  • yeezy boost 350
    Posted January 16, 2018 12:44 pm 0Likes

    I would like to point out my affection for your generosity giving support to men and women that should have help on this subject. Your personal commitment to passing the message throughout ended up being extremely useful and have really enabled men and women just like me to get to their aims. Your personal warm and friendly hints and tips denotes a whole lot to me and further more to my colleagues. Many thanks; from everyone of us.

  • kobe 9
    Posted January 17, 2018 12:24 pm 0Likes

    My wife and i got very contented when Raymond could round up his basic research from your precious recommendations he was given in your web site. It is now and again perplexing just to be freely giving solutions which a number of people may have been selling. So we grasp we now have the blog owner to appreciate for this. The specific illustrations you have made, the straightforward web site navigation, the friendships you can help to instill – it is everything incredible, and it’s facilitating our son in addition to the family recognize that the theme is satisfying, which is unbelievably mandatory. Thanks for the whole thing!

  • pandora bracelet
    Posted January 18, 2018 4:03 pm 0Likes

    I truly wanted to develop a simple comment to appreciate you for those lovely steps you are writing here. My long internet search has finally been recognized with wonderful ideas to share with my neighbours. I would declare that we readers actually are truly endowed to live in a magnificent community with very many marvellous individuals with good tricks. I feel very blessed to have seen the web site and look forward to plenty of more excellent moments reading here. Thank you once again for everything.

  • Pingback: GVK Bioscience
  • cheap jordans
    Posted January 19, 2018 8:08 pm 0Likes

    Thank you a lot for providing individuals with an extraordinarily breathtaking possiblity to read critical reviews from this blog. It really is so beneficial and as well , packed with a lot of fun for me personally and my office friends to visit your web site at the least 3 times in one week to read through the new tips you will have. And lastly, I’m also usually impressed with your surprising knowledge served by you. Some 4 facts in this article are completely the most impressive I’ve had.

Add Comment