Lawyers Are Now Obstructing Equal Protection under the Laws

Students for Fair Admissions represents a crucial next step toward a color-blind, meritocratic society. Lawyers should lead this effort, not stand in the way.

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People walk near the U.S. Supreme Court in Washington, D.C., January 26, 2022.

Joshua Roberts/Reuters

In his landmark 6โ€“3 majority opinion in Students for Fair Admissions v. Harvard, striking down affirmative action, Chief Justice John Roberts wrote, โ€œEliminating racial discrimination means eliminating all of it.โ€ In response to this ruling, law firms across America should have begun reforming their โ€œDiversity, Equity, Inclusionโ€ (DEI) programs while urging their clients to do the same. Unfortunately, those who should be the most familiar with our civil-rights laws and the Constitution are among their most flagrant violators.

Although the case focused on colleges and universities, the ruling has crucial implications for civil-rights statutes that govern all private-sector employers. Title VI of the Civil Rights Act, for example, prohibits recipients of federal funds from discriminating based on race, while Title VII prohibits private employers from hiring based on race. Through these two provisions of federal law, the courtโ€™s findings in Students for Fair Admissions also likely prohibit affirmative-action hiring and promotion in addition to affirmative-action admission.

Tom Cotton

About the Author

Tom Cotton

Tom Cotton represents Arkansas in the U.S. Senate.

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