If a high-profile case involving Harvard University ever winds its way to the Supreme Court – which is likely to happen – we could be on the verge of ending affirmative action once and for all. And for a country that needs desperately to move past the racist, unfair employment practices put into place by overzealous liberals, it’s not a minute too soon. When a wise man said that the road to hell was paved with good intentions, he might have had Democrats in mind. They’ve been paving that road for decades. Affirmative action is one of their most cynical and anti-liberty bricks.
The case in question involves the Students for Fair Admission and their lawsuit against Harvard for holding Asian students to (much) higher academic standards than their other applicants. That lawsuit may soon give way to a Justice Department prosecution. Even if it doesn’t, Harvard could find itself guilty of discriminatory admissions practices as a result of the original lawsuit. If the suit winds up in front of the Supreme Court – a Supreme Court with a shiny new constitutional originalist on the panel in the form of Brett Kavanaugh – we could see an enormous sea change when it comes to the legality of affirmative action, racial/ethnic/gender quotas, and all other discriminatory hiring/admissions practices meant to “level the playing field.”
Up till now (most recently in a 2016 case involving the University of Texas), the courts have agreed that affirmative action, while not perfect, is the best we can do in the quest for diversity. So far, no courts have told us, in a way that makes legal, constitutional sense, why “diversity” should be a goal of public universities or employers in the first place. Certainly, we already have laws on the books that prevent these entities from engaging in racial/religious/gender/ethnic discrimination. But the answer to that problem lies in endorsing and encouraging blind practices that look at a student’s achievements and scores – NOT in padding the student body with some certain percentage of blacks/Muslims/women/what-have-you.
Of course, when the victims of these discriminatory policies are “only” whites, Christians, and/or straight men, there’s no problem. But now that the victims are Asian-Americans, the courts may have no choice but to stand up and take notice. And the mere fact that this is the situation should be signal enough to any fair-minded judge that it’s time to put these practices in the dust bin of history for good. Liberal politics may be based on the idea of lowering standards until everyone’s on the same playing field, but that should never be what our LAWS are based on.