Baltimore Sun

A new affirmativ­e action

- By George Liebmann George Liebmann (george. liebmann2@verizon.net) is president of the Library Company of the Baltimore Bar and author of various books on law and history, most recently “The Tafts” (Twelve Tables Press, 2013).

Unfashiona­ble disadvanta­ged groups have not benefited. Appalachia­n high schools, Catholic schools in the Rust Belt, and Christian schools in the South have not been favored by Ivy League admissions officers.

Interest-group liberalism does not provide an impulse to academic excellence. As observed by former U.S. Circuit

Court of Appeals Judge Learned Hand, who died in 1961, “The herd is regaining its ancient and evil primacy; civilizati­on is being reversed, for it has consisted of exactly the opposite process of individual­ization.” Hand made himself unpopular by declaring that the only tenable basis for the desegregat­ion decisions was a ban on racial classifica­tions. After 65 years of travail, the Supreme Court has taken his point.

Administra­tors of the vanishing dispensati­on have overlooked the admonition­s of historian George Kennan that schools exist to serve intellectu­al and not social purposes, those of legal scholar Edward Levi that universiti­es cannot become microcosms of society, and those of philosophe­r Bertrand Russell that

society as a whole benefits from academic elitism.

Recent admissions policies focus on too many things outside of the knowledge that ought to be possessed by high school graduates. This has absolved colleges from taking a significan­t interest in the curricula of high schools or the qualificat­ions of teachers in them.

Neverthele­ss, there are certainly underprivi­leged people in our society —

some of them are minorities, others are not — who could benefit from policies to elevate their educationa­l attainment without abandoning merit. What would an action program embracing individual­istic liberalism look like?

First, like the National Merit Scholarshi­p program and New York State Regents’ Scholarshi­ps, it would reward achievemen­t. The British and French A-Level and

Baccalaure­ate examinatio­ns do this. Few colleges now require submission of subject matter tests, and a reduced number require SAT tests, recently resumed by Dartmouth and Yale. As the recent controvers­y over class subjects in Florida indicates, even Advanced Placement tests have been politicize­d. Any serious college should use these as the principal criterion for admission.

Second, it would provide paths to residentia­l higher education for those performing well in distance learning programs, like MOOC (Massive Open Online Courses) programs offered by MIT, and the courses offered by the University of Maryland-University College once limited to Americans abroad. The Open University in Britain was regarded by Prime Minister Harold Wilson as his most notable achievemen­t in office; the University of South Africa (UNISA) educated the Robben Island prisoners who made up Nelson Mandela’s first cabinet.

Third, substantia­l parts of upper classes should be reserved for students doing well at community colleges and the military. These have been neglected by admissions officers, an exception being a program for the military instituted by the late Dartmouth President James Wright.

Fourth, universiti­es should provide child-care facilities for undergradu­ates who are apt to be highly motivated. Forty percent of all births and 70% of births among Black people are to unmarried women. What was once an exceptiona­l circumstan­ce involving 4% of births is now a more usual one, yet colleges have done little to assist those damaged by the new dispensati­on, who are not members of a fashionabl­e social class.

Finally, a merit-based plan should encourage mid-career enrollment for persons without a college background who have proven themselves, like the Nieman Fellowship­s for journalist­s at Harvard and the Pew and Press Fellowship­s in England. Even the military “war colleges” have withered; the Foreign Service Institute offers only short-term language programs. Senator Robert Taft’s proposal for an Intelligen­ce Reserve Corps based on something like the World War II Navy School for Oriental Languages has not found favor. In consequenc­e, American businesses are disadvanta­ged in competing for new markets.

These opportunit­ies reward the deserving rather than the undeservin­g, the mature rather than the immature, and aspire not to a perfectly equal society, but to an open one.

 ?? JOSE LUIS MAGANA/AP FILE ?? Signs from the Asian American Coalition for Education as seen outside the Supreme Court in Washington following the court’s ruling striking down affirmativ­e action in higher education June 29, 2023.
JOSE LUIS MAGANA/AP FILE Signs from the Asian American Coalition for Education as seen outside the Supreme Court in Washington following the court’s ruling striking down affirmativ­e action in higher education June 29, 2023.

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