Late last month, the Supreme Court held that the race-based admissions criteria used by the University of North Carolina violated the 14th Amendment. Those who view affirmative action as unconstitutional discrimination based on immutable traits will celebrate this decision as a victory for meritocracy.
But even after this decision, many public universities will continue to bestow preferential admissions treatment based on a different type of immutable trait. At public universities that use “legacy preferences,” an applicant’s admission can hinge on whether that applicant happened to be born to an alumnus of the school. Conservatives, libertarians, and originalists should not turn a blind eye to this ongoing and unconstitutional discrimination.
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