The Trump administration has launched the next big fight over affirmative action. In doing so, it is not only rejecting decades of conservative orthodoxy, but is also taking the Republican party from a position of great political and legal strength to one of vulnerability.
Earlier this month, the Justice Department issued a 12-page letter finding that the University of California Davis Medical School has engaged in illegal “proxy” discrimination, favoring Black and Hispanic applicants by giving a leg up in admissions to students of all races who come from less privileged backgrounds.
The complaint focuses on the medical school’s “Davis Scale,” which provides a “continuous measure of socioeconomic disadvantage,” including“parental income and education,” and “growing up in a medically underserved area.” The DOJ claims that because this policy is especially helpful to minority applicants, who tend to be poorer, and because Davis values racial diversity, the practice is tantamount to the kind of explicit racial preferences the Supreme Court struck down in 2023.
That the administration would go after economic affirmative action at U.C. Davis is a story layered with ironies.
U.C. Davis Medical School was the defendant in the famous 1978 Bakke case in which the Supreme Court banned the use of explicit racial quotas in university admissions. The school had set aside 16 of 100 seats for racial minorities, which the court concluded violated the Constitution and the 1964 Civil Rights Act.
The justices in Bakke allowed racial preferences to survive, as long as race was one of many factors. But for decades, conservatives (along with a few liberals like me) argued that economic affirmative action would be the fairest way to achieve racial and economic diversity.
