Boston Herald

Affirmativ­e action moves could signal SCOTUS changes

- By KIMBERLY ATKINS — kimberkly.atkins@bostonhera­ld.com

WASHINGTON — The Trump administra­tion’s move urging colleges to drop affirmativ­e action measures that promote class diversity could be a precursor of a similar change at the U.S. Supreme Court, as the president mulls a replacemen­t for retiring Justice Anthony Kennedy.

Yesterday the Justice Department rescinded 24 policy documents adopted during the Obama administra­tion, including Department of Education guidance that had encouraged colleges and universiti­es to take steps to promote diversity in admissions, using race as one of a number of considerat­ions.

Such an approach survived scrutiny by the U.S. Supreme Court in 2016, in a decision written by Kennedy allowing the use of race in a limited way among a host of factors. In that case, the Obama administra­tion urged the court to uphold the affirmativ­e action measures.

But the replacemen­t of Kennedy, who served as the swing vote in that 5-4 ruling siding with the court’s more liberal justices, means the justices could soon be presented with a Trump administra­tion-supported effort to strike down all affirmativ­e action programs as unconstitu­tional after the second Trump-appointed justice is installed.

“The Department of Justice appears ready to tee up a challenge to lawful race conscious admissions or affirmativ­e action programs,” said Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights.

U.S. Attorney General Jeff Sessions called the rescission­s an effort to rid government agencies of policies that are “unnecessar­y, outdated, inconsiste­nt with existing law, or otherwise improper.”

The change also comes as an challenge to Harvard’s admission policies makes its way to the high court. That case was brought by Asian-American students, backed by anti-affirmativ­e action group Students for Fair Admissions, that argues the school unfairly limits how many Asian students are admitted.

Ed Blum, the group’s president, said the organizati­on “welcomes any government­al actions that will eliminate racial classifica­tions and preference­s in college admissions.”

But Kristen Clarke, head of the Lawyers’ Committee for Civil Rights Under Law, called the Justice Department’s move “wholly consistent with the administra­tion’s unwavering hostility towards diversity in our schools,” and said it would continue to fight efforts to outlaw affirmativ­e action in court.

“The rescission of this guidance does not overrule forty years of precedent that affirms the constituti­onality of a university’s limited use of race in college admissions,” Clarke said.

 ?? AP PHOTO ?? PRECURSOR? President Trump’s administra­tion yesterday rescinded policy documents, including affirmativ­e action guidance.
AP PHOTO PRECURSOR? President Trump’s administra­tion yesterday rescinded policy documents, including affirmativ­e action guidance.

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