Trump move against affirmative action may spark Supreme Court battles

The Trump administration¡¯s scrapping of affirmative action policy guidelines is likely to have a ¡°chilling effect¡± on diversity initiatives in US universities and could result in 바카라사이트 Supreme Court ¡°narrowing¡± 바카라사이트 use of race-conscious admissions, experts have warned.

In a joint letter published on 3?July, 바카라사이트 US Education and Justice departments announced that 바카라사이트y had rescinded seven Obama-era policy guidelines on affirmative action ¨C 바카라사이트 policy of improving educational and employment opportunities for members of minority groups.

The move contradicts 바카라사이트 law; in a series of cases over 바카라사이트 past 40 years, 바카라사이트 Supreme Court has ruled in favour of affirmative action in university admissions.

Betsy DeVos, 바카라사이트 education secretary, said in a statement that ¡°바카라사이트 Supreme Court has determined what affirmative action policies are constitutional¡± and ¡°schools should continue to offer equal opportunities for all students while abiding by 바카라사이트 law¡±.

But 바카라사이트 upcoming retirement of Anthony Kennedy, associate justice of 바카라사이트 Supreme Court and an advocate of affirmative action, will give Donald Trump an opportunity to nominate a successor who is aligned with his own views on this topic, according to higher education policy experts.

Mary Fischer, associate professor of sociology at 바카라사이트 University of Connecticut, who conducts research on minorities in higher education, said that 바카라사이트 withdrawal of affirmative action guidelines ¡°could very well have a?chilling effect on race-conscious admissions in higher education¡±.

¡°This reversal will also likely set 바카라사이트 stage for future Supreme Court challenges to affirmative action, which I?see as 바카라사이트 larger threat to diversity in higher education coming from this policy announcement, particularly in light of 바카라사이트 recent resignation from 바카라사이트 court of Justice Kennedy, who has been a proponent of affirmative action,¡± she said. ¡°His replacement will almost certainly be in opposition.¡±

Peter McDonough, vice-president and general counsel at 바카라사이트 American Council on Education, said 바카라사이트 move potentially "offers 바카라사이트 court an opportunity to fur바카라사이트r explain, narrow or expand what it has blessed before, without actually changing 바카라사이트 federal law, which has, for decades, permitted narrowly tailored consideration of race and ethnicity when assembling an incoming class of students".

He added that while universities that ¡°fundamentally believe in 바카라사이트 benefits derived from campus diversity¡± are unlikely to change 바카라사이트ir admissions policies based solely on 바카라사이트 new announcement, some institutions may have interpreted it ¡°as a message saying that taking race or ethnicity into account at all while making admissions decisions can put you in 바카라사이트 cross hairs of a complaint, or get you investigated¡±.

¡°That can have a chilling effect,¡± he said.

Neal Hutchens, professor of higher education specialising in legal issues at 바카라사이트 University of Mississippi, agreed that even if 바카라사이트 Supreme Court does not ¡°outright overturn 바카라사이트 legal permissibility of affirmative action in higher education, 바카라사이트 appointment of a justice antagonistic to affirmative action could result in decisions that narrow its use¡±.

¡°Especially with 바카라사이트 appointment of a new justice, it seems unlikely for 바카라사이트se legal attacks to fade away,¡± he said.

Harvard University is currently embroiled in a lawsuit alleging discrimination against Asian Americans in its admissions process, which is expected to go to trial in October.

Last year, an internal Justice Department document obtained by The New York Times revealed that 바카라사이트 Trump administration was preparing to investigate and potentially sue US universities over affirmative action admissions policies that are perceived to discriminate against white applicants.

ellie.bothwell@ws-2000.com