Still Discriminating
On June 29, 2023, the Supreme Court declared by a 6-2 vote that American universities that accept federal funds were no longer allowed to racially discriminate when making admissions decisions. The case—SFFA v. Harvard—concerned the fact that Harvard was making decisions using students’ race as a variable in admissions.
Advocates on the side of Harvard argued that racial discrimination was necessary practice to preserve diversity. Opponents argued that racial discrimination was wrong and illegal. The opponents are best described as ‘correct’; but the advocates do also have a point, albeit one that should only be responded to with ‘So what?’: racially-fair admissions should undermine diversity, because certain groups—namely, Asians and Whites relative to Blacks and Hispanics in the U.S.—tend to have higher levels of academic achievement.
So, three years on, has the verdict in SFFA v. Harvard resulted in universities becoming less ‘diverse’ and more reflective of what a fairly-admitted student body would look like? The answer is ‘partly’, not entirely. A recent article in Econ Journal Watch looked into this and reached just that conclusion. But why? From the changes or lack thereof alone it’s hard to tell. But the most likely possibility is that universities are still discriminating even though the Supreme Court has declared doing that to be illegal.
The Department of Justice has been looking into this issue using the methods I outlined when I showed that Columbia and NYU were still discriminating. They’ve recently opened cases against UCLA’s medical school, Yale’s medical school, UC Davis’ medical school, UC San Diego’s medical school, Duke Law School, George Washington’s medical school, UC Berkeley Law School, UC San Francisco’s medical school, and UCLA Law School. They’ve also sued Harvard for withholding race-related admissions documents, run broader compliance reviews at Stanford, Berkeley, UCLA, and UC Irvine, and began a broader investigation into fifteen medical schools.
Every university the DOJ has opened an investigation into so far is almost-certainly discriminating. We know this because each of the universities shows a considerably higher odds of admissions for students from favored racial groups—Blacks and Hispanics—as opposed to the ones that universities have historically wanted to discriminate against—Whites and Asians:
