Last week the Department of Education published a notice in the Federal Register, soliciting applications for the award of a new program: “The objective of this program is to support a Center for the Study of Distance Education and Technological Advancements at an institution of higher education … to study and develop best practices in postsecondary education for online education and the use of technology-based teaching and learning tools.” Okay, but then the notice goes on to state that, if a school is more than 85 percent white, then it is not eligible. Period.
As discussed here on an excellent new website, “The New American Civil Rights Project,” this is clearly illegal and unjustifiable. The Federal Register notice, by the way, gives no explanation for the discrimination, nor, of course, any legal justification for it. This absolute racial requirement is not given strict scrutiny, but absent-minded non-scrutiny.