Amy Coney Barrett’s Modest Way to End Racial Preferences

The U.S. Supreme Court will hear two cases on October 31 about whether universities unlawfully discriminated against Asian Americans. In both cases, the Fair Admission Student asked the court to overturn Grutter sues Bollingerthe 2003 case where organizations pursuing diversity met the rigorous scrutiny needed to overcome the constitutional presumption against discrimination under the 14th Amendment’s Equal Protection Clause.

But judges can stop racial preferences without question of the constitution. Colleges are required to comply with Title VI of the Civil Rights Act of 1964, which explicitly provides for admission preferences on the basis of race. The provision simply reads: “No person in the United States shall, by reason of race, color, or national origin, be excluded from participation, be denied benefits, or be subjected to any discrimination whatsoever. under any program or activity receiving Federal Financial Assistance.”