Why the Supreme Court s Harvard decision matters – The Spectator World
First, the decision explicitly rests on the Equal Protection Clause of the Fourteenth Amendment, not on the Civil Rights Act, any other legislation or any executive orders. That means it is constitutional law and cannot be undone by Congress or overruled by a president who strongly disagrees with it.
Second, the higher education establishment long anticipated that the SFFA v. Harvard case might go this way and it has been working tirelessly to undermine the spirit of it by putting in place workarounds that will allow it to continue to practice racial preferences in admissions. Some of these workarounds will be challenged and will be found illegal. That will take time and will not stop colleges and universities from finding still other ways to thwart the court. My organization and its allies will vigilantly watch for these subterfuges and will do our best to defeat them.
Third, the diversity doctrine has been elevated to near sacred status among many college and university administrators as well as within the leadership class in much of American society. The allegiance of the true believers will not be broken by intelligent argument, hard evidence, or popular opinion, any more than it will by a Supreme Court decision. This is a deep matter of America s culture war: indeed there is none deeper. Either we are a profoundly racist society that needs to be reordered top to bottom by those who possess the superior insight of woke radicalism, or we are a fair-minded republic founded on the principles of liberty and equality and determined to treat one another according to our merits. The diversity doctrine was a wrong turn that took us nearly fifty years in the wrong direction, but we are proving once again that we can fix our mistakes.
Fourth, we can expect the next stage of the culture wars to be an all-out attack on the Supreme Court by those who find its current jurisprudence unbearable. That attack, of course, started before this decision but the decision itself is bound to become a focal point.
via thespectator.com
Peter Wood.