Re:Federal Judge Upholds Harvard's Race-Conscious Admissions...
by javagram on Tuesday October 01, 2019 @04:54PM
(#21130516)
Almost every college is subject to this law because they accept federal grants and loans for students during the admissions process.
There are only a few conservative religious schools that are exceptions. They refuse all federal funds to prevent such laws applying. See https://en.wikipedia.org/wiki/Grove_City_College_v._Bell
Re:Federal Judge Upholds Harvard's Race-Conscious Admissions...
by mfer on Tuesday October 01, 2019 @07:29PM
(#21132014)
Thanks for the pointer. It also says...
> However, the Court also held that the regulation would apply only to the institution's financial aid department, not to the school as a whole.
Re:Federal Judge Upholds Harvard's Race-Conscious Admissions...
by javagram on Wednesday October 02, 2019 @11:28PM
(#21143308)
Yes, but that part of the decision was overruled as noted on the page:
> The decision by the Supreme Court was effectively overturned when the United States Congress subsequently passed the Civil Rights Restoration Act of 1987, which specified that recipients of federal funds must comply with civil rights laws in all areas, not just in the particular program or activity that received federal funding.
There is a difference between general admission and "programs or activities that receive Federal financial assistance". While I'm not saying this is right, it appears to be the current letter of the law. If, for example, race were a determining factor in who works on one of the R&D projects at Harvard that is funded by federal money it would be different than this situation.
Does each student at Harvard get federal financial assistance through Harvard? Not state financial assistance but federal. The different matters to the letter of the law.
It looks like the devil is in the details.