Can states ban affirmative action in private universities?
David Hume:
CRA only applies to public institutions, and 14A can only limit federal funding for private universities. However, powers not delegated to the Union are preserved for states. I think states has the power to write their own CRA to ban discrimination AND preferential treatments based on race, sex, etc, which also applies to private universities.
I am very curious why no red states has every done this.
Del Tachi:
Affirmative action programs at private universities must meet the same legal standards as those at public schools. Title VI of the Civil Rights Act applies to any institution that receives federal funding (which private schools are flush with.)
politicallefty:
Most red states haven't even abolished affirmative action in the public sector. The states that ban affirmative action are a healthy mix of deep blue, deep red, and swing states. California was the first state to end affirmative action through ballot initiative and it was upheld by an even stronger majority in 2020. This is an issue where I don't align with most others on the left. I hope the Supreme Court issues a sweeping ruling eliminating affirmative action. The Equal Protection Clause means little when affirmative action is allowed. There are many other ways for schools to ensure diversity. They just want to take the easy way out.
dead0man:
if the uni gets money from the Feds (and almost all of them do), then they have to follow the Fed's rules.
politicallefty:
Quote from: dead0man on May 26, 2023, 07:35:23 PM
if the uni gets money from the Feds (and almost all of them do), then they have to follow the Fed's rules.
That hasn't been entirely resolved. There's a case involving charter schools in North Carolina that require a strict gender-based dress code (i.e. females are required to wear skirts). The Fourth Circuit (en banc) ruled that charter schools are state actors under the Constitution and are therefore subject to the 14th Amendment. They also ruled that Title IX was in play too.
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