FedSoc Blog

The New York Times reports the Obama administration's newly announced policies on affirmative action in higher education and public schools:

The Obama administration on Friday urged colleges and universities to get creative in improving racial diversity at their campuses, throwing out a Bush-era interpretation of recent Supreme Court rulings that limited affirmative action in admissions.

The new guidelines issued by the Departments of Justice and Education replaced a 2008 document that essentially warned colleges and universities against considering race at all. Instead, the guidelines focus on the wiggle room in the court decisions involving the University of Michigan, suggesting that institutions use other criteria — students’ socioeconomic profiles, residential instability, the hardships they have overcome — that are often proxies for race. Schools could even grant preferences to students from certain schools selected for, among other things, their racial composition, the new document says.

“Post-secondary institutions can voluntarily consider race to further the compelling interest of achieving diversity,” reads the 10-page guide sent to thousands of college admissions officials on Friday afternoon. In some cases, it says, “race can be outcome determinative.”

The administration issued a parallel 14-page outline on Friday for the nation’s 17,000 public school districts, explaining what government lawyers consider to be acceptable ways that educators can seek to reduce racial segregation, which has been increasing nationwide.

The two documents, issued as the presidential campaign heats up and as the Supreme Court considers whether to hear a new affirmative action case, were designed to give educators a clear administration interpretation of three high court cases that, since 2003, have limited the use of race in admissions, zoning and other school policies.

The contrast with the Bush guidelines interpreting the same three cases is stark. Where the Bush administration’s letter in 2008 states, “Quotas are impermissible,” the 2011 version says “an institution may permissibly aim to achieve a critical mass of underrepresented students.” Even in addressing the same principles, the framework is practically reversed.

Bush guidelines: “Before using race, there must be a serious good faith consideration of workable race-neutral alternatives.”

Obama guidelines: “Institutions are not required to implement race-neutral approaches if, in their judgment, the approaches would be unworkable.”

At the same time, the AP reports that Asian Americans are not reporting their race on college applications to avoid being discriminated against:

Lanya Olmstead was born in Florida to a mother who immigrated from Taiwan and an American father of Norwegian ancestry. Ethnically, she considers herself half Taiwanese and half Norwegian. But when applying to Harvard, Olmstead checked only one box for her race: white.

"I didn't want to put 'Asian' down," Olmstead says, "because my mom told me there's discrimination against Asians in theapplication process."

For years, many Asian-Americans have been convinced that it's harder for them to gain admission to the nation's top colleges.

Studies show that Asian-Americans meet these colleges' admissions standards far out of proportion to their 6 percent representation in the U.S. population, and that they often need test scores hundreds of points higher than applicants from other ethnic groups to have an equal chance of admission. Critics say these numbers, along with the fact that some top colleges with race-blind admissions have double the Asian percentage of Ivy League schools, prove the existence of discrimination.

The way it works, the critics believe, is that Asian-Americans are evaluated not as individuals, but against the thousands of other ultra-achieving Asians who are stereotyped as boring academic robots.