“most seasoned court watchers and constitutional law scholars agree that it is highly likely that SCOTUS is going to overrule Grutter, Fisher II, and perhaps even Bakke”
This has been such a huge issue for so long. Here are some real ideas.
Louis K. Bonham writes at Minding the Campus:
Enforcing the Coming Affirmative Action Bans: A Modest Proposal
In the wake of the recent opinions in Dobbs, Bruen, Carson, West Virginia v. EPA, and Kennedy, there is no serious question that originalism is not only ascendant but firmly in control in the Supreme Court. As a result, most seasoned court watchers and constitutional law scholars agree that it is highly likely that SCOTUS is going to overrule Grutter, Fisher II, and perhaps even Bakke, and hold that racial discrimination in higher education admissions decisions violates both the Constitution and Title VI of the Civil Rights Act of 1964…
A Modest Proposal
This law would apply to all institutions of higher education in the state. [Alternative: all such institutions with enrollment or endowments exceeding certain thresholds.]
First, for all covered institutions, preferential treatment based on race, ethnicity, national origin, gender, religion, age, disability, sexual preference, or political belief or affiliation in admissions, employment, promotion, tenure, awards, or funding decisions or practices are declared to be illegal. There are no exceptions for preferential treatment of “underrepresented,” “disfavored,” or “oppressed” groups.
Second, if an institution is shown to have exhibited a pattern of such discrimination (i.e., at least a certain threshold number of predicate acts, as opposed to an isolated individual incident) after the effective date of the law, then all students enrolled during the period when such a discriminatory pattern occurred (e.g., Fall Semester 2023) shall be entitled to recover fifty percent of all tuition and fees paid to the institution during that period.
Third, any persons (including third-party consultants, administrators, and professors) shown to have been knowingly involved in the discriminatory acts or practices that formed the pattern are personally liable for statutory damages of the greater of $100,000 or their highest annual compensation from the institution, or five times such amounts if any portion of such liability is indemnified or covered by any contractual or other reimbursement obligation. For public employees, there is no sovereign or qualified immunity from such suits.
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