And another testy Obama era issue is on life support.
In a move that was predictable following Attorney General Jeff Sessions removal of non-legislated rulemaking in late 2017, the Department of Education is headed toward encouraging school districts and institutions of learning to abandon racial quotas in accordance with a Supreme Court ruling. The Department of Justice cleared the way on Tuesday.
Last November, Attorney General Jeff Sessions asked the Justice Department to re-evaluate past policies that he believed pushed the department to act beyond what the law, the Constitution and the Supreme Court had required, Devin M. O’Malley, a Justice Department spokesman said. As part of that process, the Justice Department rescinded seven policy guidances from the Education Department’s civil rights division on Tuesday.
“The executive branch cannot circumvent Congress or the courts by creating guidance that goes beyond the law and — in some instances — stays on the books for decades,” Mr. O’Malley said.
The Supreme Court has steadily narrowed the ways that schools can consider race when trying to diversify their student bodies. But it has not banned the practice.
So racial quotas, or “affirmative action” as it is known among the politically correct crowd, is not gone, but it is on life support, and the lefties who have been pushing the race division agenda, are not happy about it given what is likely headed for the Supreme Court now that swing voter Justice Anthony Kennedy is not there to help them out.
A highly anticipated case is pitting Harvard against Asian-American students who say one of the nation’s most prestigious institutions has systematically excluded some Asian-American applicants to maintain slots for students of other races. That case is clearly aimed at the Supreme Court.
“The whole issue of using race in education is being looked at with a new eye in light of the fact that it’s not just white students being discriminated against, but Asians and others as well,” said Roger Clegg, president and general counsel of the conservative Center for Equal Opportunity. “As the demographics of the country change, it becomes more and more problematic.”
Oh, well. That racial thing just ain’t working out, is it?
The decision to stop pushing racial preferences in admissions and other considerations is in direct contradiction to the Obama years when that was a key feature of educational goals regardless of the outcome. Removing that barrier for capable students is only fair.
And so the Obama legacy gets one step closer to the circular file.