Editor’s Note: This column was first published by Education Counsel.
The New York Times recently reported that the US Department of Justice [DoJ] released an internal document indicating action with respect to “a new project on ‘investigations and possible litigation related to intentional race-based discrimination in college and university admissions.’”
The DoJ responded with indications that its effort was aimed at one case on behalf of Asian-American students — a position, according to the Times, that was greeted with some skepticism by others. While there is much more to learn about the Department’s planned action, we should take this opportunity to reflect on the fact that time-tested, common sense principles derived from settled federal law continue to inform the work of higher education institutions today, just as they did last week…and last year.