Friday, June 30, 2023

The end of affirmative action in higher education

The Supreme Court has just ruled, 6 to 3, that race cannot be used as a factor in college admissions. That ruling has produced the expected emotional reactions from the usual suspects.

There are valid arguments both for and against affirmative action. But I don’t see how the court could have ruled otherwise. The language in the relevant law is absolutely clear and unambiguous. Here is the exact text of Title IX:

 “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

Unless and until Congress amends that law, I fail to see how the Court could have come to any other conclusion. I am, frankly, disappointed in the reasoning of the three liberals, who appear to want to have the Court override the unambiguous text of the law that Congress wrote, just to satisfy their own views on the subject.