The war over affirmative action in college admissions has entered a new phase.
For decades, conservatives have campaigned against racial preferences while saying they favor race-neutral strategies for achieving racial diversity, such as giving a boost to economically disadvantaged students of all races. Now, however, the Trump administration is moving the goal posts. Their new stance is that class-based affirmative action is also illegal if it is aimed at promoting racial integration. In late July, the Department of Justice issued a stunning memorandum declaring that “criteria like socioeconomic status, first-generation status, or geographic diversity must not be used” if a university’s goal is to further racial diversity on campus.
The move represents a major blunder by the Trump administration — and a significant opportunity for colleges. By expanding its opposition to racial preferences to now include preferences for economically disadvantaged students, the administration moves from a strong political position to a very weak one. Furthermore, the attack on economic affirmative action will almost surely lose in court. The administration’s overreach gives colleges, which have been playing defense for years, a chance to finally put Trump on the hot seat. They should press the question: Why, exactly, is Trump seeking to end economic affirmative-action programs that benefit working Americans of all races?