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Jun 23, 2025  |  
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Dave Boyer


NextImg:Biden encourages colleges to skirt Supreme Court ruling that bars affirmative action in admissions

Biden administration officials offered colleges and universities suggestions on Monday for getting around the Supreme Court‘s ruling that effectively barred racial preferences in admissions, saying schools should consider applicants’ essays on race and ditch “legacy” policies.

The Education and Justice departments issued documents, which are not legally binding, advocating that colleges still focus on recruiting minority students and take into consideration an applicant’s “individual background and attributes.”

“The resources issued by the Biden-Harris administration today will provide college leaders with much-needed clarity on how they can lawfully promote and support diversity, and expand access to educational opportunity for all following the Supreme Court‘s disappointing ruling on affirmative action,” said Education Secretary Miguel Cardona. “For higher education to be an engine for equal opportunity, upward mobility, and global competitiveness, we need campus communities that reflect the beautiful diversity of our country.”

President Biden has criticized the Supreme Court‘s ruling on June 29, saying of the conservative majority, “This is not a normal court.”

At the time, the president proposed a “new standard” for college admissions “where colleges take into account the adversity a student has overcome.” He said he would direct the Department of Education to find new ways to promote diversity in higher education.

In the 6-3 opinion written by Chief Justice John Roberts Jr., the court ruled that the universities discriminated against white and Asian American applicants by using race-conscious admissions policies that benefited minority applicants.

Biden officials said Monday that nothing in the high court‘s ruling prevents schools from taking a variety of steps to ensure a diverse student body.

“Educational institutions must ensure that their admissions practices do not create barriers for students based on any protected characteristics, including race,” said Assistant Attorney General for Civil Rights Kristen Clarke. “We remain firmly committed to equitable educational opportunities for all students, and ensuring that students of color are not denied opportunities to participate in the robust exchange of ideas and experiences that are the keystone of college and university life.”

• Dave Boyer can be reached at dboyer@washingtontimes.com.