Okay for Harvard to violate the 14th Amendment if they do it gently?
I was chatting with a friend who is a Harvard graduate and a tenured professor at a big American research university. He asked for my opinion of the Harvard admissions race discrimination trial. I said that “As long as they are availing themselves of the river of Federal cash subsidies from the Department of Education, I think they have to comply with the Fourteenth Amendment. If they want to throw a race-based party then they need to do it without collecting tuition from students who are getting Federal student loans and grants.”
His response was to ask whether administrators shouldn’t fight against the nearly-all-Asian university that a purely merit-based admissions policy might produce. I said “Taking the long view, Chinese civilization is probably the world’s most successful and the Chinese intellectual tradition the strongest. Chinese universities have been more or less all-Asian. So if Harvard’s mission is academic excellence, what’s wrong with mostly Asian students?”
His personal view was that administrators should engage in racial discrimination, but that they should do so “gently.” He described a “non-gentle” year in his own (rather technical) department in which three sought-after non-white non-Asian women were accepted to graduate school. A dean had come down on the unlucky faculty and taken them to task for their non-diverse cluster of nerds. Despite special treatment, including an expensive investment in tutoring, two out of the three favored minorities failed out within two years. The experience of watching these students struggle and fail did not sour my friend on the idea of race-based discrimination, apparently contrary to the Constitution. Instead, he wanted the dials turned down slightly so that people admitted on the basis of their race or sex were less likely to fail.
I’m kind of surprised that few Americans seem to take the Fourteenth Amendment seriously. Justice Brett Kavanaugh, for example, faced no media criticism for talking about how proud he was that all of his law clerks were female. Why did people accept the idea of a federal official, part of whose job was enforcing the Fourteenth Amendment, being happy that all of his employees were of one race or sex?
- “What Is Harvard Trying to Hide?” (Politico): Harvard’s documents also showed that while applications from “Chicano,” “Puerto Rican,” “Native American” and “Black” applicants were directed to readers from those groups, the other entry on that list was framed differently: “Blue Collar Asian. Harvard officials said the sole Asian-American admissions officer at the time, Susie Chao, sought to read all the applications from Asian-Americans whose parents had a blue-collar background and many of those from wealthier families. Applicants from other ethnic minorities generally got a minority reader regardless of the family’s background, the records showed.