Here’s the portion of the segment when I addressed the planned evasion:
(09:39): Anybody who thinks that affirmative [is going away], you see a lot of headlines – ‘Supreme Court ends affirmative action’ ‘ Affirmative action is dead’ etcetera – us kidding themselves. These universities are completely addicted to racial preferences. It is part of their core philosophy on life. It is part of their core being. It’s why diversity, equity, and inclusion has become a religion on campuses. They are not going to give this up.
Harvard, immediately after the decision, sent out a statement that indicates how they’re going do it. So the court drew a distinction. You cannot consider the race of an individual in admissions, but you can consider that person’s personal experiences with racism. And that was something that all the parties had said. You cannot stereotype students. You cannot say all black students get treated the same. All white students get treated the same. But you can, if somebody personally has overcome racism in their lives, you can consider that.
And that is the loophole through which Harvard and other universities are going try to drive a truck. Harvard was very smug about it. They quoted that sentence from the Supreme Court and then they say, of course we will comply with the court’s ruling, meaning that’s how they’re going do it. Of course, they didn’t quote the next sentence in the opinion, which says, these essays and these personal experiences can’t be used as a device to evade our ruling. But that’s exactly what they’re going do.
Anybody who thinks racial preferences are over is kidding themselves. The schools will do a workaround almost universally.