Reply to Post SCOTUS Ruling: Let the Essays Begin

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]The essays will be annoying even for URMs, being asked by colleges to "sell trauma," as a recent article on this discussed.

What about the National Recognition Programs for URMs from College Board? They expanded during COVID, including not only the top 10% of PSAT scorers per group by state, but also those with a 3 on two AP exams, not a very high bar. Back door?[/quote]

“Back door” expressly forbidden by scotus. [/quote]

Correct. Most people never read the ruling. The papers like to quote the Roberts passage, but he also warned against using it as a backdoor. The court couldn't (as it never would have wanted to) rule that colleges couldn't tell kids what to talk about in the essays. But schools will need to tread carefully because as long as someone can show a pattern of admitting one race at a lower standard measured by grades and scores, they open themselves up to lawsuits.[/quote]

Don't worry: the top colleges have excellent lawyers. They have been preparing for this ruling.[/quote]

You are kidding, right?  Most 'excellent lawyers' even at top companies don't litigate.  They outsource that to expensive firms.  Been there, done that.  Never understood why we were paying the big bucks for someone to write contracts while outsourcing all the real, difficult work to an outside firm.  But, I digress.  [/quote]

The college lawyers are not litigating.  They are crafting the language to [b]avoid [/b]litigation from the losers in the zero-sum admissions game.[/quote]

You do realize that you can't avoid being sued by clever wordsmithery, right?  All 'they' need is one sympathetic judge.[/quote]

Obviously.  One can get sued for just about anything.  The post was countering the "litigation " point. The aggrieved will litigate. Colleges will have to defend.

An essay prompt like the one from Sarah Lawrence will likely pass muster. [/quote]

Lawyer here:  I doubt that.  This question has zero finesse and pretty much explicitly does what Roberts cautioned against:  using the essay as an end run around the decision. This is a “screw you Supreme Court, we are still doing racial balancing and you can’t stop us” kind of prompt.  They are making their resistance to the ruling obvious and risk getting smacked down to make a point.  Good lawyering would be to draft a facially neutral prompt about “adversity overcome” and note many examples of such adversity, which can include racial discrimination, poverty, personal loss, etc., which everyone will know, wink wink, nudge nudge, is the race essay.  That’s where the top schools will land, I would expect.[/quote]

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