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Reply to "DOJ Memo on DEI including in Universities "
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I can see the DOJ suing private universities for promoting “lived experiences”[/quote] But that was explicitly permitted by the Supreme Court. [/quote] With a caveat not to play stupid games. "But, despite the dissent’s assertion to the contrary, universities may not simply establish through application essays or other means the regime we hold unlawful today. (A dissenting opinion is generally not the best source of legal advice on how to comply with the majority opinion.) “[W]hat cannot be done directly cannot be done indirectly. The Constitution deals with substance, not shadows,” and the prohibition against racial discrimination is “levelled at the thing, not the name.” Cummings v. Missouri, 4 Wall. 277, 325 (1867). A benefit to a student who overcame racial discrimination, for example, must be tied to that student’s courage and determination. Or a benefit to a student whose heritage or culture motivated him or her to assume a leadership role or attain a particular goal must be tied to that student’s unique ability to contribute to the university. In other words, the student must be treated based on his or her experiences as an individual—not on the basis of race." IOW if you are using these essays as a subterfuge to continue to discriminate based on race, you are violating the 14th amendment. [/quote]
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