Gorsuch concurrence in Students for Fair Admissions v. Harvard case:
Even beyond all this, the parties debate the availability of alternatives. SFFA contends that both Harvard and UNC could obtain significant racial diversity without resorting to race-based admissions practices. Many other universities across the country, SFFA points out, have sought to do just that by reducing legacy preferences, increasing financial aid, and the like. Brief for Petitioner 85β 86; see also Brief for Oklahoma et al. as Amici Curiae 9β 19.4 As part of its affirmative case, SFFA also submitted evidence that Harvard could nearly replicate the current racial composition of its student body without resorting to race-based practices if it: (1) provided socioeconomically disadvantaged applicants just half of the tip it gives recruited athletes; and (2) eliminated tips for the children of donors, alumni, and faculty. Brief for Petitioner 33β34, 81; see 2 App. in No. 20β1199, at 763β765, 774β775. Doing these two things would barely affect the academic credentials of each incoming class. Brief for Petitioner 33β34. And it would not require Harvard to end tips for recruited athletes, who as a group are much weaker academically than non-athletes.5 At trial, however, Harvard resisted this proposal. Its preferences for the children of donors, alumni, and faculty are no help to applicants who cannot boast of their parentsβ good fortune or trips to the alumni tent all their lives. While race-neutral on their face, too, these preferences undoubtedly benefit white and wealthy applicants the most. See 980 F. 3d, at 171. Still, Harvard stands by them. See Brief for Respondent in No. 20β1199, at 52β54; Tr. of Oral Arg. in No. 21β1199, at 48β49. A
A discussion of focusing on economic affirmative action and integration.
Ep. 15: Can Economic Affirmative Action Replace DEI? | Washington Monthly