Ken Marcus ’88 is the (recently confirmed) Assistant Secretary of Education for Civil Rights, a position which places him at the center of the debate about racial diversity in higher education. Marcus, and his colleagues in the Justice Department, have started the process of getting rid of racial preferences. Let’s spend a week discussing their efforts. Day 3.

Under Mr. Marcus’s leadership, the Louis D. Brandeis Center, a human rights organization that champions Jewish causes, filed an amicus brief in 2012, the first time the Supreme Court heard Fisher v. University of Texas at Austin. In the brief, the organization argued that “race conscious admission standards are unfair to individuals, and unhealthy for society at large.”

Is that brief enough to label Marcus as a “vocal opponent” of affirmative action? If so, every (almost) Republican is one. Again, I suspect that a large majority of Americans — including many EphBlog readers? — would agree that “race conscious admission standards are unfair to individuals.” Although perhaps “unfair” is unduly loaded? Williams treats smart applicants differently then dumb applicants, which is either “unfair” or “necessary to achieve our educational goals,” depending on your point of view.

The organization argued that Asian-American students were particularly victimized by race “quotas” that were once used to exclude Jewish people.

This is beyond dispute, at least at places like HYPS. (Again, it is not clear if Williams (meaningfully) discriminates against Asian-Americans in admissions. As in the case of Jews 75 years ago, Williams may not get as many applications (or as high a yield) as HYP do/did.)

As the implications for affirmative action for college admissions play out in court, it is unclear what the decision holds for elementary and secondary schools. New York City is embroiled in a debate about whether to change its entrance standard — currently a single test — for its most prestigious high schools to allow for more black and Latino students.

If NYC wants to cancel its admissions tests for places like Stuyvesant, Ken Marcus won’t care (much). If NYC (or Williams) wants to change its admissions policies, Ken won’t care (much). What he does care about (a lot!) is whether or not, say, African-American and Asian-American applicants are treated the same, either by NYC or by Williams. If they are not, he is now in a position to bring the full weight and power of the Federal Government against NYC/Williams.

Do you have a problem with that? Tough! You (and I am sure that this applies to 90% (99%?) of EphBlog readers) had no problem when the Federal Government was bossing around private institutions (like Bob Jones University) or local/state governments (like the city of Little Rock, Arkansas). And maybe you were right! But, having created the monster to do “good,” don’t be surprised when the monster turns its pitiless gaze toward you . . .

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