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Culture War Roundup for the week of June 26, 2023

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affirmative action is officially unconstitutional.

The majority opinion by Chief Justice John Roberts, which all five of his fellow conservative justices joined in, said that both Harvard’s and UNC’s affirmative action programs “unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points.”

“We have never permitted admissions programs to work in that way, and we will not do so today,” Roberts wrote.

The majority said that the universities’ policies violated the equal protection clause of the Constitution’s 14th Amendment.

the decision leaves open the ability for universities to consider how an applicant's race affected their life "concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university".

I think the academia has been preparing for this for years, moving from "objective metrics with AA bias on top" (like SAT scores, but the passing score is different for different races) to "plausible deniable 'holistic' judgements" - where one can't really prove any bias at all. Yes, if you measure by any objective merit criteria, the bias is apparent, but you see, we're not using these criteria, we are using "holistic view", which does not explicitly name race as a factor, good luck proving in court we're using it heavily. They'll just start being more careful about that and develop a newspeak that ensures discrimination is called something else. If academia is consistently good at anything it is at producing impenetrable jargon.

Doesn't this ruling mean that White/Asian applicants have a pretty good shot at suing and winning a discrimination lawsuit against a University implementing such a system?

A University needs to get the message to dozens of employees in the applications office but somehow not have any emails/text messages that could come up in discovery.

A University needs to get the message to dozens of employees in the applications office but somehow not have any emails/text messages that could come up in discovery.

The case has to GET to discovery. Which means the complainant must demonstrate a reasonable likelyhood to succeed on the merits, which means among other things that they have to show that but for the alleged discrimination they would have been admitted. And they have to do that before discovery. When the complainant is of the wrong color (white or yellow), the courts will interpret these requirements VERY strictly and the cases won't go anywhere.

If I were the university, I'd be most worried about whistleblower complaints leading to embarrassing discovery reveals. That new admissions hire with sterling SJ credentials, who talks the lingo fluently? How sure are you that she/they aren't a plant from some right-wing org looking for a big payday? What about the handful of white men still working in those roles, can they be trusted? Progressive ideology plus institutional inertia will definitely incline schools towards noncompliance with the new regime, but Ivies sitting on multibillion endowments are a big fat target, and a single lawsuit can change the tune of the board of trustees in a hurry, even if their school wasn't in the crosshairs this time.

Admissions staff are largely former students who are too lazy to enter the real world but also aren’t good enough to become faculty / do a PhD. They are perfectly selected to conform to the admissions bis of their predecessors.

There will continue to be bias, but I think the difference now is that there is actual clarity in the law and monetary consequences for the losers. Any kind of wink-nod policies are going to have to survive potential whistleblowers and legal discovery.