The
naked and brutal exercise of power by Republicans in the battle to
confirm Brett Kavanaugh to the Supreme Court is a travesty, but
unfortunately not surprising. With the rise of the #MeToo movement and
demographic shifts that will lead to white people being a minority in
the United States by 2045, I believe we are witnessing an effort by
privileged white men to hold on to and consolidate their power and
control, even if it results in the erosion of our democratic
institutions.
One
of the key battlegrounds in this power struggle is affirmative
action. Since the early 1960s, affirmative action has helped to level
the playing field and open doors for women and people of color,
providing a tool to address the pervasive gender and racial
disparities in our society that continue to limit access to equal
opportunity. Yet, affirmative action is under vigorous attack and
potentially could be eliminated at universities across the nation.
Harvard
is the target of a lawsuit brought by Edward Blum, an anti-civil
rights crusader who is using Asian Americans as cover for his efforts
to prohibit universities from considering race as one of many factors
in the admissions process. The Harvard case is scheduled for federal
trial in one week and is anticipated to go up to the Supreme Court.
The Trump administration also recently opened federal investigations
into allegations that Harvard and Yale discriminate against Asian
American applicants.
As
we head into an epic battle over affirmative action in university
admissions, it is crucial that people who opposed Kavanaugh’s
confirmation understand why they also have a stake in the affirmative
action fight. A key lesson from the Kavanaugh confirmation process is
that it matters who is in positions of power and their life
experiences and world view. It mattered that all the Republican
members of the Senate Judiciary Committee are white men willing to
blatantly disregard survivors and to preserve patriarchy. Affirmative
action is an important counterweight against such privilege and
elitism and helps to promote the inclusion of diverse
voices—particularly of women, people of color, and other
marginalized groups—in universities, workplaces, and other
societal institutions.
As
an Asian American woman, I refuse to be used by conservatives who are
trying to exploit Asian Americans as a wedge in their efforts to
abolish affirmative action in university admissions. Contrary to the
contentions of Blum that affirmative action discriminates against
Asian Americans, holistic review that considers race as one of many
factors benefits people of all backgrounds, including Asian
Americans.
First,
affirmative action is shorthand for inclusive admissions policies
that consider race and gender, among many factors, allowing for a
more holistic assessment of an applicant’s life experiences and
potential. This results in more diverse student bodies with myriad
backgrounds and perspectives which, as demonstrated by the Kavanaugh
confirmation battle, is critical given that educational institutions
serve as a pipeline to leadership positions that have real life
impact on millions of Americans. Especially considering that legacy
applicants have a significant advantage in the admissions
process—with legacy applicants nearly six times more likely to
be admitted at Harvard than non-legacy applicants—affirmative
action is necessary to promote equal opportunity for students who are
not from backgrounds of privilege and wealth.
Second,
affirmative action promotes more diverse educational institutions
that better prepare students to develop into stronger and more
empathetic leaders who can understand and work with people of wide
ranging backgrounds. This is especially critical given the
increasingly diverse composition of our communities. California
already is majority people of color and the nation will soon follow.
In the 2016 Fisher case, in which Blum unsuccessfully challenged
affirmative action at the University of Texas, the Supreme Court
affirmed the educational benefits of diversity as a compelling
interest in upholding the constitutionality of race conscious
admissions policies.
My
own experience illustrates the positive personal and societal impact
of affirmative action—including for Asian Americans.
Affirmative
action opened doors for me to Harvard College and Yale Law School in
the 1990s. I graduated from a public high school where students
rarely were admitted to the Ivy League. If Harvard and Yale Law had
considered only grades and test scores, I would not have gotten in.
But I was admitted because Harvard and Yale utilized holistic
admissions processes that assessed me as a whole person, as more than
just my grades and test scores. They also were allowed under the law
to consider how race, among many other factors, shaped my life
experiences and potential.
Growing
up in the San Gabriel Valley, a suburb east of Los Angeles, my family
was one of the first Asian families to move into a primarily white
and Chicano community that now has the highest concentration of Asian
Americans and Latinos anywhere in the nation. Due to an influx of
Asian immigrants, including many members of my extended family, there
was a nativist backlash in the 1980s. I remember neighbors making fun
of my family for speaking Taiwanese and the parents of a white girl
who lived a few doors down the block telling her that I was not
allowed in their house. When I was in high school, a local mayor,
buoyed by vocal anti-immigrant supporters, advocated for a one-year
moratorium on immigration and attempted to make English the city’s
official language.
If
race conscious admissions had been prohibited, as Blum desires,
Harvard and Yale Law would not have been legally permitted to
consider these formative aspects of my life relating to my racial
identity and racial experiences—the foundation of why I wanted
to be a civil rights lawyer and that became the focus of my academic
studies.
The
diverse learning environments at Harvard and Yale were life changing.
I learned even more outside the classroom than I did in the
classroom. I became friends with people different from me in terms of
race, ethnicity, socioeconomic background, geography, religion, and
sexual orientation. My rooming group at Harvard included African
Americans, Latinas, Whites, and Asian Americans from a wide range of
socioeconomic backgrounds. We celebrated our lifelong friendships at
our 25th year reunion just a few months ago. Being in community with
such diverse people prepared me for a career as a civil rights lawyer
working in multiracial, intersectional coalitions. I can trace my
ability to work with people across lines of difference back to my
time in college and law school.
If
we are to lean into—rather than reject—the demographic
diversity of the 21st century while upholding principles of inclusion
and equity, it is imperative that we preserve and strengthen holistic
admissions policies that consider how race, among many factors,
shapes an applicant’s life experiences. If universities are
prohibited from taking into account race, despite the pervasive
racial inequities in our society that profoundly impact the lived
experiences of people of color, we could witness across the nation a
decrease in the racial and ethnic diversity of university campuses,
as we have in California after the passage of Proposition 209 in
1996. Less racially diverse campuses would result in less diverse
leaders and less diverse leadership bodies—eroding trust in our
democratic institutions and potentially in our democracy itself.
Our
nation is at a crossroads: will the arc of U.S. democracy bend
towards an increasingly equitable and diverse multiracial society or
further entrench power and resources primarily in the hands of a
privileged white male minority? In the wake of the Kavanaugh
confirmation debacle, we need diverse leaders who are rooted in and
represent our multiracial, intersectional communities and who are
genuinely committed to promoting the general welfare of everyone in
our society—not just the privileged and elite.
By
defending and upholding affirmative action in university admissions, we
can continue to develop such leaders and to work together towards
justice and equality—not just for some—but for all.
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