I was listening to Attorney Joe DiGenova this morning on WMAL and he pointed out how the DOJ had recently sent a letter to universities telling them they could ignore the June ruling by the Supreme Court on using race in admissions. The Supreme Court, in a nearly unanimous ruling, said that universities could use race in admissions but not as a dominant factor. But in this letter the DOJ is instructing universities to continue with the same racial preferences that the Supreme Court had just barred them from using:
WSJ – Obama Administration regulators have made a specialty of ignoring Congressional intent, and even black-letter law. Now they’re showing the same disdain for the Supreme Court with advice to universities about interpreting racial preferences in the wake of June’s Fisher v. University of Texas ruling.
In a September 27 letter to university presidents, civil rights officials from the Departments of Justice and Education wrote that the Court’s decision in Fisher means that universities can continue with their same racial-preference policies. According to the Administration’s version of events, the ruling was merely a tweak on 2003’s Grutter v. Bollinger decision that racial preferences could be used to achieve “diversity” on campus.
That must be news to the Supreme Court, which in an 8-1 opinion by Justice Anthony Kennedy rebuked Texas precisely because it had failed to heed Grutter. That decision said schools could use race in admissions but not as a dominant factor. In practice, however, the University of Texas like most other schools implemented a race-dependent admissions program and figured no one would notice. In Fisher, Justice Kennedy called that unacceptable and ordered courts to give universities “no deference” in subjecting racial preference policies to “strict scrutiny,” or the highest level of judicial review.
DiGenova told WMAL that he predicts that in the affirmative action case with the University of Michigan, SCOTUS will slap down the DOJ in a ‘big way’ and may even quote that letter in their opinions. DiGenova went on to say this is an example of the arrogance of this administration, that they would even put such a letter on the public record instead of just whispering to universities to ignore it.
LISTEN (starts at 3:15):
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