Law School Administrators Work To Evade Supreme Court Ban on Affirmative Action

Law school administrators are attempting to work around the Supreme Court’s ban on race-based admissions decisions.

The administrators are telling schools to refrain from creating a “record” of “discriminatory intent.”

“You should be aware right now of the record you’re creating,” University of Michigan general counsel Timothy Lynch said during a legal conference. “What are your faculty saying in emails? What are they saying in public?”

Lynch explained that plaintiffs look for “discriminatory intent,” asking the audience, “What can you say right now is the race-neutral explanation for doing it, and how do you avoid having your faculty colleagues muddy the record?”

An attorney in education law said footage from the conference is part of the “record” Lynch warned against.

“If these people were ever sued for race discrimination, this video would be exhibit A to the jury,” said attorney Samantha Harris. “Even if the speakers could articulate a non-discriminatory reason for their policies, the video calls into question their sincerity.”

Executive Director of the American Civil Rights Project Dan Morenoff said, “It’s like they’re trying to assure they’ll lose the eventual litigation.”

Reporting from Free Beacon:

The conference, which was posted on YouTube, is perhaps the most brazen example yet of universities seeking to get around the Supreme Court's ruling. Columbia Law drew criticism this month when it announced—and then rescinded—a requirement that applicants submit 90-second "video statements," a move widely seen as a pretext for racial discrimination. Colleges across the country have also added essay questions on "identity," while some law schools have waived the Law School Admissions Test, on which white and Asian students tend to outperform their black peers.

The conference suggests critics are right to suspect an ulterior motive behind these changes. It comes as conservatives are gearing up to challenge admissions programs—such as those put in place by Thomas Jefferson High School, an elite magnet program in Alexandria, Va.—that use zip codes and other colorblind criteria as proxies for race.

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