In the wake of recent lawmaking at the Supreme Court, it appears that the focus of affirmative action debate may unexpectedly shift to Congress. While traditional attention has been paid to the judiciary, it now seems plausible that the Congressional branch might take the lead on this controversial issue, starting with an examination of legacy admissions practices at colleges and universities across the nation. Justice Alito’s recent comments and a reported move by lawmakers to challenge these practices corroborate this shift.
Senators are taking a new look at the preferential treatment given to legacy and donor applicants, as highlighted in a bill introduced by Sens. Todd Young (R., Ind.) and Tim Kaine (D., Va.). The proposed legislation, titled the MERIT Act, seeks to bring an end to legacy admissions by incorporating a standard against such practices under the Higher Education Act. Institutions would be prohibited from preferential treatment of applicants based on affiliations to alumni or donors during the admission process.
Discussions around affirmative action and legacy admissions gained prominence after the Supreme Court announced its verdict on SFFA v. Harvard. A salient opinion has developed labeling legacy admissions as affirmative action for the wealthy. The proposed Congressional step towards eliminating legacy admissions is thus seen by some as an ‘American’ decision to challenge long-entrenched institutional nepotism.
While the potential impact on legacy families might seem daunting, the systemic advantages that these individuals continue to enjoy within educational institutions suggest they will weather this change unscathed. This includes the possibility of private tutors and the controversial practice of donor bribes—practices that have led to high-profile scandals such as the Lori Loughlin case.
Thus, the shifting dynamics between the judiciary and the legislature around affirmative action bring a fresh perspective into this deep-rooted issue. Whether the proposed Congressional move marks a step towards bringing about greater parity in the admissions process remains to be seen.